2013-119ORDINANCE No. 2013-119
ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTR.ACT
FOR THE PURCHASE OF ELECTRIC UTILITY UNDERGROUND AND SUBSTATION
CABLE FOR DENTON MUNICIPAL ELECTRIC IN A FIVE (5) YEAR NOT-TO-EXCEED
AMOUNT OF $24,000,000; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (RFP 5062-AWARDED TO TECHLiNE, 1NC. IN
THE NOT TO EXCEED AMOUNT OF $20,000,000 AND STUART C. IRBY COMPANY IN THE
NOT-TO-EXCEED AMOUNT OF $4,000,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
purchase of Electric Utility Underground Cable and Substation Cable 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 factars included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER
5062
5062
CONTRACTOR
Techline, Inc.
Stuart C. Irby Company
AMOUNT
$20,000,000
$4,000,000
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
autharity to take any actions that may be required or permitted to be performed by the City of Denton
under the RFP 5062 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 7��C day of , 2013.
.• .
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�,
BY: -
5-ORD- 5062
MAYOR
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND TECHLINE, INC
(RFP 5062)
THIS CONTRACT is made and entered into this � day of A.D.,
2013, by and between Techline, Inc a corporation, whose address is 5401 in Street, Ft.
Worth, TX 76119, hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS,
a home rule municipal corporation, hereinafter referred to as "City," to be effective upon
approval of the Denton City Council and subsequent execution of this Contract by the Denton
City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products in accordance with the City's RFP # 5062 Suppl�of
Under�round Distribution Cables and Substation Control Cables, a copy of which is on file at the
office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of
this written agreement and the following items which are attached hereto, or on fle, and
incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit "A")
(b) City of Denton's RFP 5062 (on file at the office of the Purchasing Agent)
(c) City of Denton Standard Terms and Conditions (Exhibit "B")
(d) 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 5062
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day frst above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
C�
BY: f
RFP 5062
SUPPLI
BY:
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CITY OF DENTON, TEXAS
BY:
GEORG� C. AMPBELL, CITY MANAGER
Date: TJ.S �% % � �/J�
Exhibit A
Special Terms and Conditions
Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional 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. At the sole option of the City of Denton,
the contract may be further extended as needed, not to exceed a total of six (6) months.
Total Contract Amount
The contact total shall not exceed $20,000,000 per total contract term. Pricing shall be per
Exhibit C attached.
Price Adiustments
For items 1-4 in Exhibit C, The City of Denton will implement an escalation/de-escalation
metals price adjustment at time of order acceptance by the Supplier, using the day's closing
metal base.
For items 11-21 in Exhibit C, The City of Denton will implement an escalation/de-escalation
metals price adjustment at time of order acceptance by the Supplier using the prior month's
metal average.
The escalation/de-escalation will be based upon the following metal bases:
Aluminum Base = LME with Midwest Adder
Copper Base = COMEX
The metal bases shown below were taken from August 2012 and will be used as the reference
metal basis for the proposal evaluation and award:
AL base at $0.95.62 per Pound
CU base at $3.43902 per Pound
The price of each product will be increased or decreased based upon the following metals
adjustment formulas:
AL Conductor or Cable priced per CWT:
Unit price adjustment =(%Aluminum content) x(Amount of increase or decrease of the
Aluminum Metal Base / CWT)
CU Conductor or Cable priced per CWT:
RFP 5062
Unit price adjustment =(% of Copper Content) x(Amount of increase or decrease of the Copper
Metal Base / CWT)
Should the change exceed or decrease a minimum threshold value of +/-1%, then the stated
eligible prices shall be adjusted in accordance with the unit price change adjustment derived
from the above formulas. It is the Supplier's or the City's responsibility to request a price
adjustment at the time of each order in writing. If no request is made prior to order acceptance
by the manufacturer, then it will be assumed that the original proposed price will be in effect.
The Supplier shall acknowledge the order and provide the aluminum and copper pricing to the
City.
Cooperative Purchasing/ Pi��yback Option
Supplier has talcen exception to the original RFP terms regarding Cooperative
Purchasing/Piggyback option. Supplier will only allow other governmental entities to purchase
rnaterial on RFP 5062 if:
a) The governmental entity is located with Techline-Fort Worth's authorized sales area
b) Terms including, lead time, payment, minimum order quantities, minimum order
amount, must match supplier's proposal RFP 5062.
c) The governmental entity's PO must meet cut-to-length minimum manufacturing
quantity. Techline will not sell City of Denton's cable; Techline will need to order
the cooperative entity's product with standard manufacturer's lead-times.
d) The governmental entity will pay and additional 2% to contracted unit pricing to
Techline (called a"Service Fee"). Techline will pay the City of Denton any service
fee collected from governmental agencies that utilize the contract quarterly via check
to the Purchasing Coordinator as outlined in the original RFP, page 8.
Liguidated Dama�es
Performance Liquidated Damages as written in RFP 5062, Section III, B3 (page 27) shall be
amended to read:
Supplier will incur a$1,500 per day penalty for each day cut to length cable is delayed past the
contractual delivery requirements. These penalties shall not exceed 3% of the total contract
amount.
RFP 5062
Cut to Len�th Pro�ram
The Cut to Length Program as written in RFP 5062, Page 14 shall be amended to include the
following:
Safety Stock
The Supplier shall have available at all times to the City during the contract term, nine (9)
reels 2000' of 750 Primary Cable (280-80-105) and three (3) reels of 2000' of 4/0 bare
copper "Nehring" wire (280-16-210).
The City agrees to purchase remaining safety stock cables at the end of the contract term,
including any remaining material on master reels greater than 400'.
Reporting
Supplier will provide cut to length inventory reports to the City no later than the Stn
business day of each month for the prior month. Monthly reports shall include the
following: reel lot numbers, footages of each reel, copper price of reel lot at time of
purchase by Supplier, the date of purchase from the manufacturer, the date of receipt
from the manufacturer, and contracted price for cable on reel.
In addition, the Supplier will report to the City any purchases made to replenish cut to
length inventory. The following information will be submitted to the City upon receipt of
cable/wire from the manufacturer: the date of receipt of product, the date of purchase,
the copper price for the cable at the time of purchase, cable pricing per foot at the tirne of
purchase, and reel lot numbers with footages.
The City Contract Administrator shall provide monthly reports of estirnated usage of
planned projects. This report shall include cable size, project footage estimates, and
estimated requested delivery date. Any changes to the planned project report shall be
reported immediately in writing to the Supplier. The Contract Administrator shall be
issued via email after receipt of the Cut to Length report from the Supplier.
The Supplier and City staff shall meet quarterly to review the program performance and
needs of both parties. Any changes made to the program shall be made in writing with
approval of the Purchasing Manager or his/her designee.
RFP 5062
Delivery of Cut to Length Cable
Supplier shall delivery cut to length cable ordered by the City with in the following lead
times:
72 Hour Delivery 96 Hour Delivery 120 Hour Delivery
< 18,000' of 750 Primary 18,001' to 36,000' of 750 36,001' to 54,000' of 750
Cable (28080105) Primary Cable (28080105j Primary Cable (28080105)
and and and
6,001' to 12,000' of 4/0 12,001' to 18,000' of 4/0
<6,000' of 4/0 Bare CU Bare CU "Nehring" Bare CU "Nehring"
"Nehring" (28016210) (28016210) (28016210)
The maximum amount
delivered may not The maximum amount The maximum amount
exceed nine (9) 72" reels delivered may not exceed delivered may not exceed
of 750 Primary Cable nine (9) 72" reels of 750 nine (9) 72" reels of 750
(28080105) Primary Cable (28080105) Primary Cable (28080105)
Pricing
Pricing for cut to length cable/wire will be determined at the time of the Suppliers'
purchase from the manufacturer. The copper price at the time of purchase will be used to
determine the contracted price for the reel lot until scrapped by the Supplier.
The Supplier will manage the purchase of cut to length cable/wire. The Supplier will
monitor the copper market and all attempts will be made to seek the lowest copper prices
when making purchases to replenish cut to length stock.
Rebate Incentives to the City
The Supplier will offer a rebate program to the City for the purchase of cables exceeding
the minimum stocking requirements of safety stock. The City will receive a 2% discount
on cut to length cable/wire lots ordered and delivered to the City that have been in the
Supplier's inventory stock for less than 60 days. The City will receive a 1% discount on
cut to length cable/wire lots ordered and delivered to the City that have been in the
Supplier's inventory stock for 61-90 days. The rebate will be refunded to the City
quarterly by check to the Procurement Coordinator.
RFP 5062
Exhibit $
Citv of Denton
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other
requirements included in the City of Denton's solicitation are applicable to Contracts/Purchase Orders
issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after
referred to as the Bidder, Contractor or Supplier. Any deviations must be in writing and signed by a
representative of the City's Procurement Department and the Supplier. No Terms and Conditions
contained in the Sellers Proposal response, Invoice or Statement sha11 serve to modify the terms set forth
herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these
written provisions will take precedence.
By submitting an Offer in response to the Solicitation, the Contractor agees that the Contract shall be
governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated.
Unless otherwise specified in the Contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a
Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to
purchase Services to be performed principally at the City's premises or on public rights-of-way.
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in
the Solicitation and in the Contractor'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. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor 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 Contractor'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 Contractor 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 Contractor is not authorized to ship the
deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City
actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B, point of
delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer,
the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the
right to designate wbat method of transportation shall be used to ship the deliverables. The place of delivery shall be
that set forth the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but
not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to
reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor's, or the
Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's,
RFP 5062
premises, the Contractor shall furnish, or cause to be furnished, without additional charge, 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 delive►y, quality, and quantity. Any non-complying tender shall
constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the
time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then
make a conforming tender within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the
Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and
efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The
Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and
specifications, the location and essential characteristics of the work sites, the quality and quantity of materials,
equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which
could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby
releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the
actual site or service conditions differ from expected conditions.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services
which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in
participating or responding to a solicitation or while in the course and scope of delivering goods or services under a
City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as
required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may
such workers be intoxicated, or under the influence of alcohol or drugs, on the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or
disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or
was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from
Contract services, and may not employ such worker again on Contract services without the City's prior written
consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration
Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for
any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIlZiRA) enacted on September 30,
1996.
ll. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The
Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state,
and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the
services, including but not limited to those promulgated by the City and by the Occupational Safety and Health
Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines,
penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or
regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water
Pollution Control Act, as amended, (33 U.S.C. §1251 etseq.).
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
RFP 5062
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 Contractor'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 Contractor's
invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number
clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by
work order number. Time billed for labor shall be limited to hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
A, All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30)
calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable,
whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at
the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum
lawful rate; except, if payment is not timely made for a reason for which the City may withhold
payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for
withholding payment have been resolved.
C. If partial shipments or deliveries are autt�orized by the City, the Contractor will be paid for the partial
shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account o£
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
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 Contractor;
v. reasonable evidence that the Contractor'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 Contractor to submit proper invoices with purchase order number, with all required
attachments and supporting
documentation; or
vii. failure of the Contractor 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 Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for
payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment
obligations are payable only and solely from funds Appropriated and available for this contract. The absence of
Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not
Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City
shall provide the Contractor 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.
RFP 5062
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid
by the Contractor, unless otherwise stated in the contract terms.
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor
is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than
the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be
withheld if the Contractor is not in compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously
asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising
from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising
from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and
warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor
against the City other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special
tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such
special tooling equipment and any process sheets related thereto shall become the property of the City and shall be
identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the
Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract
period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case
records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also
require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other
evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City
unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable
cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5)
business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall
constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records",
"documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if
such drafts or electronic files are subsequently used to generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with
all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as
provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan,
unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall
constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a
Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract
Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the
Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the
provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior
written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting,
that the Subcontractor post a payment bond in form, substance and amount acceptable to the City;
iii. reyuire Subcontractors to submit all invoices and applications for payments, including any claims for
additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include
RFP 5062
same with its invoice or application for payment to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in
the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear;
and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor
is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the
Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the
benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor
shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such
Subcontractor except as may otherwise be required by law, �
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later
than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders
by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation,
communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with
any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or
otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for
like deliverables under similar terms of purchase.
20. WARRANTY — TITLE: The Contractor 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 Contractor shall indemnify and hold the City harmless from and against all adverse title claims
to the deliverables.
21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City
under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material
respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the
Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws,
rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables
shall be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and
any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of
acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty
period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand
either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming
deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or
replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the
Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30)
calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's
rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required
by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may
be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other
sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the
City to procure such deliverables from another source.
E, If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty,
the Contractor 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 Contractor shall assist and cooperate with the
City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City.
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22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City
under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with
generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all
applicable Federal, State and local laws, rules or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and
any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance
Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly
upon receipt of demand perform the services again in accordance with above standard at no additional cost to the
City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor
to give t6e Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the
breach warranty, but failure to give timely notice shall not impair the City's rights under this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required
by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be
required to purchase under the Contract from the Contractor, and purchase conforming services from other sources.
In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring
immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to
accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's
evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance
occurs prior to fnal 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 Contractar.
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: The City may issue an immediate Stop Work Notice in the event the Contractor is
observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is
determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work
until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for
all costs incurred by the City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and
faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of
performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United
States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be
submitted by the Contractor to the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to
terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after
the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides
evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition
to any other remedy available under ]aw or in eyuity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of
cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful
rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's
vendor list for three (3) years and any Offer submitted by the Contractor 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.
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28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in
part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of
termination, the Contractor 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 Contractor, to the extent of funds Appropriated or
otherwise legally available for such purposes, for all goods delivered and services performed and obligations
incurred prior to the date of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be
submitted by the Contractor 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 Contractor 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
Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and
execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30)
calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled
under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the
Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if,
while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions,
sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default
or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will
be extended; provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform.
31. INDEMNITY: A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and
liability of every character, type or description, including all reasonable costs and expenses of litigation,
mediation or other alternate dispute resolution mechanism, including attorney and other professional fees
for: (1) damage to or loss of the property of any person (including, but not limited to the City, the
Contractor, 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 Contractor, the Contractor's subcontractors, and third
parties), ii. "Fault" shall include the sale of defective or non-conforming deliverables, negligence, willful
misconduct or a breach of any legally imposed strict liability standard.
B. THE CONTRACI'OR SHALL DEFEND (AT THE OPTION OF THE CITY�� INDEMNIFY� AND HOLD THE CITY, ITS
SUCCESSORS� ASSIGNS, OFFICERS� EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF� INCIDENT TO� CONCERNING OR RESULTING FROM THE FAULT
OF THE CONTRACTOR� OR THE CONTRACTOR'S AGENTS� EMPLOYEES OR SUBCONTRACTORS� IN THE
PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE
DEEMED TO LIM1T THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING� BUT NOT LIMITED TO� THE
RIGHT TO SEEK CONTRIBjJTION� AGAIIYST ANY TH1RD PARTY WHO MAY BE LIABLE FOR AN INDENINIFIED CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific 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 Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as
submitted to the City and approved by the City within the procurement process, for the duration of the
Contract, including extension options and hold over periods, and during any warranty period.
ii. The Contractor shall provide Certifcates of Insurance with the coverage's and endorsements required to
the City as verifcation 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
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to disqualification from consideration for award, The Contractor must also forward a Certifcate of
Insurance to the City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the reyuired 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 Contractor hereunder and shall not be construed to be a limitation of liability on the part of
the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the
subcontractors commencing work on the project.
v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do
business in the State of Texas at the time the policies are issued and shall be written by companies with
A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the
Texas Workers' Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation
endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following
information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown
on any policy. It is intended that policies required in the Contract, covering both the City and the
Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability
Insurance is provided, it shall follow the form ofthe primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review
certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modification of particular policy terms, conditions, limitations, or exclusions except where
policy provisions are established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the effective period of
the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when
deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims
history of the industry or financial condition of the insurance company as well as the Contractor.
xi. The Contractor 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 Contractor 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 Contractor 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 Contractor,
B. Specific Coverage Reyuirements: Specific insurance requirements are contained in the solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or
concerns the Contract, or which could have a material adverse affect on the Contractor's ability to perform
thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of
notice by the Contractor. 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.
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34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to
be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after
postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered
by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by
first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address
specified in the Contractor'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
Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the
Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is
subject to the Texas Public Information Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY SY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the
City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the
deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe,
directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of
any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or
operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability,
damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or
resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's'
ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual properiy rights of
any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this
Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage
its own separate counsel to act as co-counsel on the City's behalf. Further, Contractor agrees that the City's
specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this
paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will
not impact such warranties of Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain
of the City's and/or its licensors' confidential information (including inventions, employee information, trade
secrets, confdential know-how, confidential business information, and other information which the City or its
licensors consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that
the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use,
disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its
licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will
maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge,
recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner
not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law
or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly
notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate
protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within
its own business to protect its own most valuable information, which protective measures shall under all
circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential
Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout
the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such
patentable subject matter to the City. Further, if reyuested by the City, the Contractor agrees to assign and, if
necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such
patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its
employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved
by the City, to the City upon reyuest by the City.
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B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their
creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City
shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall
negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint
authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-
hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the
City hereunder to execute, acknowledge, and deliver an assignment to the City o� all woridwide right, title, and
interest in and to such deliverables. With respect to such work made-for-hire, the Contractor agrees to execute,
acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute,
acknowledge, and deliver a work-made-for-hire agreement, in a form to be reasonably approved by the City, to the
City upon delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to,
execute, acknowledge, and deliver all applications, specifcations, oaths, assignments, and all other instruments
which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work
registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and
in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be
executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b.,
and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City
should not seek to obtain copyright protection, mask work registration or patent protection for any of the
deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential
Information under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally
developed material unless otherwise specifically provided in the Contract. When material not originally developed is
included in a report in any form, the source shall be identified.
40. ADVERTISING: The Contractor 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 Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage,
brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies
maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City
shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct
from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is
determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the
Contractor 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 Contractor 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 Contractor shall render the Contract voidable by
the City. The Contractor 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 Contractor's services shall be those of an independent contractor.
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The Contractor agrees and understands that the Contract does not grant any rights or privileges established for
employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or
sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform
the services hereunder according to the attached specifications at the general direction of the City Manager of the City of
Denton, Texas, or his designee under this agreement.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and
the Contractor 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 Contractor without the prior written consent of the
City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it
being the intention of the parties that there are no third party beneficiaries to the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in
writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of
default by the other parly 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. MOD�F'ICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No
pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to
change the terms, covenants, and conditions of the Contract.
48. INTERPRETATION; The Contract is intended by the parties as a final, complete and exclusive statement of
the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the
trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been
substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair
to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall
control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to
prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a
statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between
representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as
agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making
authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to
negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not
succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below.
Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed
directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the
parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of
the dispute. Should they choose this option; the City and the Contractor 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 Contractor 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.
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50. JURISDICTIOIV AND VENUE: The Contract is made under and shall be governed by the laws of the State of
Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm.
Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or
jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the
parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from
any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way
affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be
deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract
did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to
replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken
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, excWding City of Denton Holidays. Any scheduled deliveries or work performance not
within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized
designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on
the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall
survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended
or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By
accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or
debarred from doing business with the Federal Government, as indicated by the General Services Administration
List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City
of Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory
employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or
national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from
this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
RFP 5062
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements)
The following federally funded requirements are applicable, in addition to the specific federally funded
requirements.
A. Definitions. As used in this paragraph —
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, 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 Contractor, 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 - lOd) provides a preference for domestic end products for supplies
acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract;
but will consider for approval foreign articles as domestic for this product if the articles are on a list
approved by another Governmental Agency. The Offeror shall submit documentation with their Offer
demonstrating that the article is on an approved Governmental list.
D. The Contractor sha11 deliver only domestic end products except to the extent that it specified delivery of foreign
end products in the provision of the Solicitation entitled "Buy American Act Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in
any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the
submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation reyuires an awarded contractor or supplier to be licensed by
the State of Texas, any and all fees and taxes are the responsibility of the respondent.
59. PREVAILING WAGE RATES: All respondents will be required to comply with Provision 5159a of "Vernon's
Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting
discrimination in the employment practices.
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60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall
comply with all State, Federal, and Local laws and requirements. The Respondent 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 Respondent 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: Respondent shall demonstrate on-site compliance
with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978,
dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and
State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Respondent shall
ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be
RFP 5062
liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or
State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or
losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free
Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U,S.C. 701 ET SEQ.) and maintain a drug-
free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued
by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to
implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor
shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be
issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be
liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent
and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection
with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement
Manager in writing of any such damage within one ( l) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for
performance under the Contract should it be prevented from performance by an act of war, order of legal authority,
act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event
of an occurrence under this Section, the Respondent will be excused from any further performance or observance of
the requirements so affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to whatever extent
possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by
telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe
at a reasonable level of detail the circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract
will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either
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 IMMUNITY: The Parties expressly agree that no provision of the Contract
is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that
the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent 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 Respondent shall
retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State
Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The
Respondent 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.
RFP 5062
RFP 5062 SUPPLY OF UNDERGROUND ELECTRIC DISTRIBUTION &
Techline
Section I- ELECTRIC DISTRIBUTION CABLES Ft. wor�n, nc
EST.
Item ANNUAL UOM COD # Product Descri �on Minimum Reel Proposed Delivery
QTY
� Length (feet} Manufacturer Unit Price Date
1 22,000 Ff Cable, 750 Cu, EPR Primary, Shielded (See
28080110 Shielded EPR detail section) 2,000 Prysmian $ 13.7185 12-16 weeks
CUT TO LENGTH - Additional cost per foot
2 88,000 FT cut to length for line 1-Cable, 750 Cu, EPR As needed
28080105 Primary, Shielded Prysmian $ 15.9063 72 hrs
Cable, 500 Cu, EPR Primary, Shielded (See
3 z,500 FT Shielded EPR detail section) 2,500 ft
28080100 minimum reel lengths 2,500 Prysmian $ 9.5138 12-16 weeks
CUT TO LENGTH - Additional cost per foot
4 7,500 FT cut to length for line 3-Cable, 500 Cu, EPR As needed
28080095 Primary, Shielded Prysmian $ 11.0325 72 hrs
11 2,000 FT 2g024340 Cable, 500 Cu., 600V XLP, 37 Strand 1,000 Prysmian $ 7.8813 10-14 weeks
12 1,000 � Cable, 250 Cu., 600V XLP, 37 Strand
28035220 (Hofstra) 1,000 Prysmian $ 3.9192 10-14 weeks
13 1,000 FT 28024300 Cable, 4/0 Cu., 600V XLP, 19 Strand 1,000 Prysmian $ 3.3213 10-14 weeks
CUT TO LENGTH - Additional cost per foot
15 30,000 FT cut to length for line 14 -Wire, 4/0 Soft As needed
28016210 Drawn Copper, 19 Strand (Nehrin Prysmian $ 3.4900 72 hrs
16 1,000 FT 28024280 Cable, 2/0 Cu., 600V XLP, 19 Strand 1,000 Prysmian $ 2.1487 10-14 weeks
17 1,000 FT 28024260 Cable, #2 Cu., 600V XLP, 7 Strand 1,000 Prysmian $ 1.0834 10-14 weeks
18 4,000 � Cable, #6 AL Duplex 600V, 7 Strand XLP,
28035030 Claflin for Street Li ht use 4,000 Prysmian $ 0.3175 4-6 weeks
Section II - ELECTRIC SUBSTATION CONTROL CABLES
EST.
Item ANNUAL UOM COD # Product Descri ion Minimum Reel Proposed Delivery
Tv
� Length (feet) Manufacturer Unit Price Date
lOAWG / 2 Conductor VNTC Substation
19 15,000 FT Control Cable, DME prefers 3,000 foot
28030000 length reels 3,000 Condumex $ 0.4255 stock
lOAWG / 4 Conductor VNTC Substation
20 24,000 FT Control Cable, DME prefers 3,000 foot
28030020 length reels 3,000 Condumex
$ 0.8220 stock
12AWG / 12 Conductor VNTC Substation
21 18,000 FT Control Cable, DME prefers 3,000 foot
28030080 length reels 3,000 Condumex $ 1.5667 stock
Exhibit C
CITY OF DENTON
RFP FOR SUPPLY UND�RGROUND DISTRiBUTION CABLE AND SUBSTATIDN CONTROL CABLES
BUSINESS OVERVIEW QUESTIONNAIRE AND FQRMS
1. Coiiti�actor N�nle: �Tec�� ( h2, �hc .
2. Adda•ess {Principal Place ofBusiness); 5�'i'bl Mrnvfir� ��. �`���o`►f�^, �� 7��1�
3. Does your compauy have an established physical preseiice iii tli� State of Te�as, o�• the City� of
Dentoxi? Ye s
4. Tax Payer ID#: 1- 7�' - Z4' 8 o Z4�1 � i.-
5, Email Address of Prin�ary contact: h��Y� � i'��� �he' ��c, tb1�
G. WeUsite Addiess: ���p:Jlwww .�'pclhl i�e-i+��, cow./
7. Telephozle: `�1`1- 56I � `?q4t�
s. Fax: g}�� 56 I�`�'9 a'z
AvSi►n 1�vraull� �cksan`v�11Q, t�"�o�a, �ca�. 12oc�,, Sar. �e�io, ��v A�;�r+�. , 77C
9, Othe;� Locatious: ' ' �{� ��
�;���i� �.k , A�. ; Ai�,��,
10. Organization Class;
Partnei•ship
Individual
Coiparation ./
ed►550CIat10I1
11. Date Establislied: � �$�
12. Former Business Name: ,N�P'�
l3. Date of Dissolution:
l4. Subsidiaiy of:
�v/A
N�A
15. Historically Underutilized Busi �ss: Ye��
l3010 av c. ', '�r er► �✓ie�e� �o1+�As,av` : �1W
iewls 112hhcdeh', �Fo �,�v� Sm7�'b.; J'P
1G. Principaas and 4fficers; ��� ���� ; c�
Please detail responsibilities with the ilail�e of eacl� riu i al or off'icer.
R,r�dl�.: cov��,�e, o�ecpl�o,ns, �ns�naav�,, opa�a�'wns, �ii�anclv�
'21�ot�t�` c�a���t ,1nv,r�oMe. ve,sev.�cc�,s
17. Key Persoiulel ancl Responsibilities: �����a4�ai�+ s�slw�. , de+���e� � o�pera{lo�+�s
�1�hsor'. N. iX � olC -1e�n� wav`o,�t.Y
Please detail responsibilities with the uame of each key }�ersoauael. �,,�,�;,�k, ,,, ,�X r tr•r. o�� N�, �
18. Nunlber of Personnel by l�isci��li��e: �LS -tevri�ot� ►'��cr
RFP 5062 PAGE 55 OF RFP #5023
Exhibit C
CITY OF DENTON
RFP FOR SCJI'PLY UNDERGRO�()ND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
Discipline � �4 Nu�i�bex• of Staff # Registered
19, Has your coi�ipany filed or been named iii any i1t1Q�`c'1t1011 11]VOIVI]]g your• coinpany and the
Owner on a cont�•act t��itl�i�� tl�e last five years tuider 3�our ciurent compai��> >iaa�ie or at�y
other company natne? If so provide c�et��pf tiie issues and resohitioii if available. Include
lawsuits ���here Ovcmer ��vas involved, f'�
20. Please provide at least {3) three referetices (prefe��nbTy �nxuticipnlities) and coi�tract
amounts. Include project descriptioi�, contact names, position, and organization i�aiiie aiid
telephone nuuiber for each reference listed, See attachmezlt F.
21. Have you er�er defaulted on or failec� to complete a coiitract under your currei�i eompany
naiiie or any ot]}er campany name? If so, r��here and ���hy? Gxve name and telephone namber
of O���nez•. /�J� /�
22. �ia��e you ever had a contract terininated by the O���ne�•? Tf so, «�here and why? Give nauie
and teiephone number (s) of Owner (s). I���
23, Has �jour compan�� implemented an En�ployee kiealth and Safety Program compliaut r�vith 29
C�'R 191 Q"General Industry Standards" and/or 29 CFR 1926 "General Construction
Staiidards" as they appI3T ta 3Totu' Conipan3T's customary activities?
http://����t�rv.osha..���ls/osl�a�vei�/o��Jasrcli.search forin?p doe h�pe=STANDARDS&�, ioc
level=l&t� ke�s�value=1926
RFP 5062 PAGE 56 �F RFP #5023
Exhibit C
CITY O� DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTIOI�t CABI.E AND SUBSTAT.CON CONTRQL CAB�,ES
CONTRACT BY AND BETWEEN
CITY OI�' DE�iT4N, TE�.4S AND
THIS CONTRACT is made and entered into tliis day of A.D., 2012,
b}r and b�tween a corporation,
«�hose address is , herei�zafte�� ��e�'e��a•ed to as "Su�plie��," and
the CYTY OF DENT�N, T�XAS, a liome rule municipal corporation, hereii�after re%rred to as
"City," to be effectir�e. upon app��oval o� the Dentoii City Council and subseq�eizt execution of
tl�is Contract by the Dentoi� City Manager or his duly autlxorized designee.
For and in conside�•ation of the co`�enauts and ag��eenients co�itained hereiii, and for the
inutual6eiiefiis to be obtained hereby, the parties agree as follo«�s:
SCOPE OF SER.VICES
Supplier shall provide products o�• services in accordauce «�itli the Supplier's proposal in
response thereto, a cop3T of which is attached hereto and incorporated herein for all pu�•poses as
�xliibit "D". The Contract consists of this written agreement aud the follo��=ing iten�s tin�liich are
attached Iiereto and iiicorporated hereii� by referet�ce:
(a) Request for Px�o�osal (RFP # ____)
(b) City af De�iton Standard Ter�ns and Conditions (Exhibit "A")
(c) Special T�rms and Conditions (Exltibit ��B"}
(d) Form CIQ — Conflict of Interest Questioiinaire {Exhibit "C").
(e) Sup�lier's Proposal, (Eahibit "D");
Tliese documents make up tlie Coiitract docunients and «llaat is called fox• by one shall Ue
as biilding as if called for by all. Tn tlie e��ent of an inconsistency or conflict in �ny of the
provisions of the Coi�tcac# documents, tl�e inconsistency or coriflict shall be resoh�ed by gi��i�ig
preeedeiice first to the u�ritten agr�eiiient then to the contA•act docuiiients ii� tl�e order in u�hich
they are listed above. Tliese docuinents shall be referred to collecti��ely as "Cotata•act
Dacui�lents."
r'•�ce,�� i ov� :
;� S�cfi�ov.l
tl . CaNps�cA�ttV�.. `�a�c�q53v�•� f �'i�loo�cic. 4p41ov�
�2GY\� S�p, wi� 1 O+n�� a��Aw O��QV �dQYv�1M�V1i �
_ i'1�e, �Q�rv�v�e��C e,n��i1t5 loca�'2 �.%��h� 7�
... �11 i1��,, -i�l►�ns C�+�ce, teaQl, -�►►he, Qu�� ,
1"�1N5� Y��G� "�l�R. 611�L 6ri �
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�a1�1�. � .
� L�wda�ed�- �
� 'Cetlnlin� w+�ll
RFP 5062
� �
�c i� o� n�r.�sUda 7�1:
oY� ��fS Qttr�.
4�� i nrlrviirKuwn oYc�¢Y aw+vuv� •►� l�jC,�
V
�.,�,N�i� ?�c�liv►e, .N�t1 nef sG�� G�i� ok 1�en`lov�s�i
�n w��+r� �qY ��'�IvNQ.
%p ok -4� �o�a cev'�iw�c� �17c@,
(s��;r�a�! '�o �'.�v�u'� z�
PAGE 60 OF R�P #5023
Exhibit C
��- PR'Y'SMIA1�1
�� C A B L F: S& S Y$ T E i�A 5 T�CHLINE INC (�'T. W ORTH} Page 13
5401 MARTIN STRE�T oocument No.lDate
F4RT ��VORTH TX 76119 4061603 / 12/03/2p12 �
Te�°ins and Conditions
I. �UI quotntions nre subject 10 change or K�ithdrnwnt lvithout notice. Orders shail not be cons9dered acecpted until acknowledged on
Selle�s ordcr ackumvicdgment fornt. AcceptTnce is e�press{y ]imitcd lo the tenus and cm�ditions slatcd herzin regordlcss of nu�� atlier fomis
otCusrontcr.
2. All cstiuintcs as to deli��erics c�r based upoFt cottdilions prc���iling at dAfe of quotntion, in tl�e c��c��t of �leloys in dclivcn�, Selter shnit
nol bc liaUlc Qiercforo and Buycr aarccs ta �ccepl such dclivcrics �vl�en m�do by Sc(lcr. Fadurc of any dcli�cry shull not be deatted lo
impnir the ��aluc ofnor to 6mac1� thc conlract as to othcr deliveries. Jf Seper's ebility Io manufaclure or del�ver the ni�teriol is intemipted or
fmpaired for any ot'ti�e followin� couses: inadeyuucy of labor, ficel, power, meluls or otlier m;�torinls, faCililies or supplies, sFrikcs, war
,blockades or embargoes; act� or rcquirements of nny stnte or Ihe FedCnl go<<emnl8nt Of Aqy dcpaHments or agaaclCS LhCrcof; ar by m�y
od�er caaoe wl�alsocver beyond Il�o reasamblc control af tbe Sellcr, whctlier of a smtilar or tlif%rcnt uahire than thc foregoing, the Seller
shnfl havc tl�c right to allocata its avnilable prnductiou aud dcliveries to or among nn�, ar alf ot' its custonters on sucli Uasis as rt may elcct in
its soic discrction, and may canccl iu µ�holc or itt �nrt thc Buyc�'s order or contract wuh respcct to such ntatcriol, wiltiout iiabilily of cithcr
party to tfic other. Unicss tl�e Sellar has in wriliug expressly agreed to IGe conirary, Setler resen•es Ilie rig6i to cancel Buye�s order or
coniract, nnd K�itl�otn prejndicc to uny ollicr la�vfiil rcntcdy�, lo clinrgc tl�c Buycr far i�ny acCUnlutntcd storagC ch�C�cs, if tlic Buycr docs oot
gice instnictions Cor slii�mont ���itbin niuc monfl�s Prom tha dalo of tlic Scllc�'s acceplaitcc.
3. Pnymcnt of Scller s in��oicc. a�hetbar or nol such imroicc covcrs Uie cnnro ordcr, shnil bc mnde in ;�ccord;�ncc �ti•i�h die iemis of
Iia}�mcnt �vliich �re effecti��c on tlic datc of im�oica Cash discaunts, n�lten allawed, 3o not npply to trnns�rtulion cliarges or caotiainers, d.
]f Ilu Buyer iails to fulfill lhc temis of pa}�mcnt of any im�oice or if tUe fiaancial res}wvsi6iLty of Iiuycr shalt become nnpnircd or
w�satisfactoq� to Seller, or if necessitAteJ by any ncls or requirentents of any� got�cmme�u nuthority, Seilor n;.ecrves the right to cl�ange terms
ofpu��ttent, nnd�or deter or disconliuttc furlhcr sli�pntcnGt, u�Ethout prejudice to any other lnwful rumedy, until past duc paymeuts :�re nmdc
end safislhclory ossurances of Auyor's crcdit srandmg are reeci��cd Uy IGc Scllcr, or unlil such oets or mc�uirc�nenfs of such govemmc�ual
auQiority shnll Iiave bcen complied with. Sel Ier also resen�es thc rigUt in the ease of any of ttie foresoing m�ents to c:�ncel the cauracl, in
whiCh cvCht BuYCr slto[} compcnsntc Scller for any cotnmitn�cnis, oUlig;�tions, cxpcndilums, cspcnses �nd casls Shccrniay li���e inCUCCCJ in
�reje�dice to;
acl�sh�i ntc
her�in Scllc
5. S�cllcr �
nnd hns bcen
ot; for tl�c ac
6, Scllcr i
producls. If s
Sellcr hannt�
patcnt, dome
7 Rcturn
�irovidzd for
uycrackno
S. Scflci
tlw rcpnir or
nroduct �vas
die conlract. Scller mny cNar�c (Le Buycr inlere�st at 1%per mon[I� an an}� past dne pa�•mcnts froin thc due dalc tmtil paid
:Eher with ntl costs aitd expcnses of collection inclnding u(t�mcys' fces nnd costs, The Toregoiug riglits nre withoul
othcrrzmed}•, incluJing wi�hout timitntion the riglu to rcclnun nny materinl rceciecd b?� Bnyer on crcdit u�hilc insol��eut.
y$cllcr shall bc Considcrcd a separate transaclimt and if payment rs not rcceivcd Ihcrciore �i�ithin tlie periods spccified
y Grmg a sepan�te suit to recover the contraet price of each si�ch shipment,
storcproduct �vi�liout chnrge to and at fl�c solc risk of Buyer For o period of t1�irly da�s atter product is rcady for shipntMtl
� fot nt full a� Scllcr's temis. ARcr tlic cspirntion of thirt�� days, storage nnd handling costs ���ill iucur and lw a1 Ihc solc risk
tt aud at tl�e oxpcnse of Buycr.
t be linble for infringcmcnt af:+ny p�tcnt, cluntestic or forcign, arising oul of Bityer's use, inslallntion or resalc ofSeller's
produNS are manuPactured by the Sellcr in accordance H�itli thc Bt�yc�s instruclwns or s�ccificalions, Buyer rsill l�old
rom liability orcxpense of any kind ornaturc whnlscever bnsed on or lrisiug au� oinny claim for infringement of any
or forcign.
recls, sawols, laggin�, cases mid otLcr retumablc pacRaging or contuiners are and romain il�c pro{�rt�• of 5ellerm�d nre
sportnuon pumoses only. Rclurnahle reols and �rnckagin� nre sub ect to Sclicr's Staudnrd Agreement for Rccls c+nd Lags mtd
igcs ilmt it tias rcad and is fnmiliarwith thc tcmis go��eming tlio �cpasit and returp fOr reols, ta� ing and (�ackeging.
rants that thc roduct sold Lcraundcr is of its st�nd.�rd quality. Sc)ler's liability nnd responsibilily s7iall be limi�cd solcty to
ncement nt Se�ler's discretiou of am• nroduet �vhich Aoes not eonfomi substanuaEiv to Ihe speciHentious to whieh the
icl� rcpincement has bccn made, at ihe option of Scllc
1t. Ox'ing to the ha�nrdS retntzd tn the i» staltnlion an
«�lien the cablc has met successfupy tltc Caetory� tests
i 1i'ARRANTiGS SLT PORTH ABOVG AItE.+ lh' Lf�
tATtTECS 1VRITTL'N �R ORAL, STATUTORY Ol
J' BUT �1jITHOl17' LIMITATION ANY iMPUGD'
U5E OIt PURPOS�. T�OTWITHSTANDTidG ANY
A�LE UNU�R T1iE ABOVE•ST�ITGD \��ARRAN7
� I�O F\'1?NT BE LIA�LE FOR RT;MOVAL R�U
iMO��AL Qlt R�INSTALLAT[ON. UI�O�R S�TO C
:CIAI., [TCIDEAlTAL, CONSGOUENTIAL PUNI'I
OR �1NYONE CLAiM1NGTHROUGH Bt1YGR (T
9. Priccs do not �n
or futurc tos applical
10. All tools, d'tCs
I l. Stcuogru}+bic �
6)� a �vritin� SignCd t
12. B - accepting tl
Condit�ons.
DP 32553
RFP 5062
AND
ONLY
lo Scllcr witliin onc (1) ?enr 1}om �Bc
.O.B. originel point ot"Jclivcp�. Lcngtlis
icller m�d sho11 be relumcd to it F.O.B.
th� resp onsibilit � for submarine cAUle
10 n•Itiich tl�c ca�lo was munafnch�red.
SSLI' DiSCLAlA3S ANY AA'U ALL
iSS OR I�4PL3L'D, fAICLUDING
'ABll.1T1 OR OT PITNLSS �UR A
; TO THG CONTRAitY S�LLER
. OR RTiPLACEr4ENT aF PRODUCT,
TS OP OVE[t13EAD ANb LAROR
VI:R SiIALL SEL[.ER Ii� LiABLE
S IrCURRED BY HUYliR.1T5
ED TO 1055 OR PROFIT, USE,
: DAD•fAG1:S ARISING OUT Q[� THL
iNT, V1'HIiTHrR IN CONTRACT,
ttsc cxcise, VAT or similnr laxes. In addiliun to fl�e price specified hercin, lha amounl of�ny sucli prcsont
lc oJ'tlie molerials hereunder slmll be paid 6p the IIuyer.
s c0��frod by IW1ing charges quotCd hCrtit154o11 rem�in tEie property of Sellsr.
crrors am subjcct �o correction by Seller, but the contract shatl uot otherN�l.c bc modilied or rescinded e�cept
s.
i Quotatiun �nd submitting a Punliasc Oidcr, tUc custonur agrccs ro l�c bound io thcsc Tcrms aud
Thank you for your queryl
(S-2IS6)
-� -- - _ . . Exhibit C
STANDARD WARRANTY
Condumex (the "Seller") �varrants that all cable fiu�nished to Buyer piu•suaut to tl�is instrumei3t
sl�all be free of defects in �nateria) and warkn�anship, that it shall �e tested in accordance wlth the
specifcations appiicabfe to this ynotatian and tliat tha res2ilts of said t$sts will co�r,ply with tlie
re9uiren�ents of said specifications, Seller agrees to provide rep3acemeiit cabla for (1) any
iengtl�s of cable fou��d defective in it�aterial or workmanship during installation of tl�e cable, or
(2) any length af cable failing during normal a»d p��oper eise within one year ofthe dlte of placiug
in service �vhicl� shows defects in materials or workmansliip, provided in eacl� c�se tliat
imtnediate �vritten notice of sach failure is given to Se11er and Seller is �iven all reasonable
opportu�zity to inspect tlle �ailure, Failure to pass any of tl�e electrical tests speci�ed by any
specimen remaved from cable ��l�ich has pre��ious}y failed in service shall not Ue eousidered
prii�sa facia evidence of d�fects in material or workmanship. The date of placing in service is ti�e
date on wliich operating voltage is first applicd, but shat) not be later ihan six �nonihs after ihe
dAte of sliipment o� tha cable from Seller's factory. AJ! replacements by Seller under the
provisions af tt�is paragraph sltall be made free of cltarge, F.4.B. fhe delivery point calle�l for in
th8 origival order. Exospt as �nay be otltierwise specifically agreed, lengths of cAble v��l�ich l�ave
been replaeed under the provisions of this paragrapli sl�ali be returned to Seller by �uyer, F.O.B.
Buyer's location, u�iless speeial condittons of removal or transportation costs make this procednre
wnecostoinioal., ln that case tlie Bliyer sl�all eredit #he Seller �vitl� tlie scrap valtie of sncI� cable.
xHE FOR�G07NG 'WARRANTIES A1tE EXCLUSIVE AND AR� G�N ANA
ACC�PTED IN LIEU OF (a) ANY AND ALL OTH�R V4'ARRAN�'I�S, EXPRESS OR
IMPLIED, INCLiIDXNG BUT NOT LIMITED TO, ANi' IMPLIED WARRANTX&5 OF
ME�tCHANTABTLXTX OR k'ITNESS �OR A PARTICULAR PURPOSE OR ARTSING
�UT OF THE CONDYTCT d�' TH� PARTIES, AND (b) ANY OBLIGATION,
LIABILITY, RTGHT, CLAIM OR REMEDY FOTt SELLER'S TV'�GLIGENC�, ACTUAL
OR IMPUTED. UNDER NO CIRCUDxSTANCES SI�A,LL SELL�R BE LrABLE TO
BTJYER OR ANY OTH�R PE1tSON FOR ANY CONS�QUEI�T.�AL, INCIDEI�TAL,
ECONOMIC, DIRECT, INDIRECT, G�NERAL OR S�'ECIAL IIAMA.GES ARISING
OUT OT ANY 131t�ACH OF WA�tRANT�.', �XI'RESS OR IMPLIED, UND�R ANY
ORDERS OR CQNTRACTS H�REUND�R, No agreement varying or extending the
foregoing �i�arranties, remedias or these limitations will be Uinding upon Saller imless in �vriting,
signed by a duly aatl�orized executive officer of Seller.
RFP 5062
- CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND STUART C. IRBY COMPA�Vi'
THIS CONTRACT is made and entered into this � day of A.D.,
2013, by and between Stuart C. Irb.�panX a corporation, whose address 's 125 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 agreeinents contained herein, and far 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 # 5062
—Supplv of Underground Distribution Cables and Substation Control Cables, 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 sha11 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 5062
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:
JENNIFER WALTERS, ITY SECRETARY
By: '
APPR ED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
SUPPLIER
STUART C. IRBY COMPANY
7/v� � ,�� 1� l'1 S7` .
F� , (,t/o r � , 7' 7�//�—
MAILING ADDRESS
�(7- �3�I -Gf�o�/
PHONE NUMBER
a �% ���� — �7 �.�
By: � ''
AU�'I�ORIZED IGNATURE
ATTEST:
I�
APPROVED AS TO LEGAL FORM:
:
/ RFP 5062
Exhibit 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 wi�hout
any adjustments in the bid price. Individual purchase orders will be issued on an as needed
basis. '
Product Changes During Contract Term
The Supplier shall not change specifications during the contract term without prior approval.
Any deviation in the specifications or change in the product must be approved in advance by the
City . of Denton. Notice of a change shall be submitted in writing to
dentonpurchasing�a,cityofdenton.com, with the above file number in the subject line, .for review.
Products found to have changed specifications without notification, and acceptance, will be
returned at the supplier's expense. Products that have been installed will be replaced at the
supplier's expense.
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.
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 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.
Price Escalation and De-escalation
The City of Denton will implement an escalation/de-escalation metals price adjustment at time of
order acceptance by the manufacturer using the prior month's metal average. The escalation/de-
escalation will be based upon the following metal bases:
Aluminum Base = LME with Midwest Adder
Copper Base = COMEX
The metal bases shown below were taken from August 2012 and will be used as the reference
metal basis for the proposal evaluation and award:
RFP 5062
AL base at $0.95.62 per Pound
CU base at $3.43902 per Pound
The price of each product will be increased or decreased based upon the following metals
adjustment formulas:
AL Conductor or Cable priced per CWT:
Unit price adjustment =(%Aluminum content) x(Amount of increase or decrease of the
Aluminum Metal Base / CWT)
CU Conductor or Cable priced per CWT:
Unit price adjustment =(% of Copper Content) x(Amount of increase or decrease of the Copper
Metal Base / CWT)
Should the change exceed or decrease a minimum threshold value of +/-1 %, then the stated
eligible prices shall be adjusted in accordance with the unit price change adjustment derived
from the above formulas. It is the Vendor's or the City's responsibility to request a price
adjustment at the time of each order in writing. If no request is made prior to order acceptance
by the manufacturer, then it will be assumed that the original proposed price will be in effect.
The vendor must submit or make available the manufacturer's pricing sheet used to calculate the
proposal which includes the percent of each type of inetal in all products, to participate in the
escalation/de-escalation clause. Should any manufacturer utilize their own proprietary or
alternate metals index, any unit price adjustments requested will be verified by the City of
Denton and if found valid then the adjustments will be pro-rated against the LME and COMEX
metal bases described above.
Total Contract Amount
The contact total shall not exceed $4,000,000. Pricing shall be per E�ibit C attached.
RFP 5062
EXHIBIT B
REVISED RFP DOCUMENT
The City of Denton
Purchasing Department
901-B Texas Street
Denton, Texas 76209
REQUEST FOR PROPOSALS
RFP 5062
SUPPLY OF UNDERGROUND DISTRIBUTION CABLES
AND SUBSTATION CONTROL CABLES FOR THE CITY OF DENTON
NIGP CLASS and ITEM
280 80
280 30
Issue Date: November 6, 2012
Response due Date and Time (Central Time):
Thursday, December 6, 2012, 2:00 p.m.
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
S4LICITATION CHECKLIST
Checklist for RFP #5062
Title: RFP FOR SUPPLY UNDERGROLTND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLE
Opening Date: 12l6/2012 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# 64-0179U20
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) �
a. Submit Written Proposal by courier, hand delivery, or mail 'J
b. Exhibit 1-Excel Pricing Sheet, Review, complete, and return �
2. Email Exhibit 1 in Excel format to ebids(c�citvofdenton.com �
3. Submittal Contents (Meet Section IV)
• Review all requirements �
• Ensure your firm meets all stated minimum requirements �
• Documentation included supporting the evaluation criteria. �
• Addendum(s) Reviewed and return N/A
• Attachment A, Not applicable
• Attachment B, Not applicable
• Attachment C, Review, complete and return � (Completed within this document and Proposal
Document)
• Attachment D, Not Applicable
• Attachment E, Not Applicable
• Attachment F, Review, complete, and return V (Completed within this document and Proposal
Document)
• Attachment G, Review, complete, and return N/A (NOT APPLICABLE — NOT EXECUTED)
• Attachment H, Review, complete, and return N/A (NOT APPLICABLE — NOT EXECUTED)
• Attachment I, Review and note any exceptions V
• Attachment J, Review, complete, and return �
PAGE 3 OF RFP #5062
p
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
Section I
Section II
Section III
Section N
Section V
Section VI
Section VII
Attachment A
Attachment B
Attacl�ment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
E�ibit 1
TABLE 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 Inter.est Form
Disadvantaged Business Utilization
Sample Contract Documents
Acknowledgment
Pricing Sheet
PAGE 4 OF RFP #5062
0
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
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 UNDERGROUND
DISTRIBUTION CABLE AND SUBSTATION CONTROL CASLES. Significant infrastructure
improvements are planned over the next five years including the upgrade and installation
of 14 substations projects and approximately 19 miles of transmission line constructions.
This contract will be utilized to supply products specified as needed as each substation is
planned
The City of Denton is exempt from Federal Excise a�d State Sales Tnx.
A. COMMUNITY 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 1n 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 cornplexes to greenbelt areas and newly annexed
rural areas. Denton is home to two state universities, the University of North Texas, and
Texas Wornan's University, and two regional hospitals. The City is traversed by state
highways, rail lines, and Interstate 35 E& W. This surnmer 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
PAGE 5 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
in the United 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 significant 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 REQUIREMENTS
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 immediately disqualified
and rejected as non-responsive.
• Five (5) years experience providing similar products or services in the US.
• Three (3) references from utility 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 Manufacturers for HV distribution cables that DN1E has successful
experience using are Prysmian, Kerite, Okonite, General Cable (Alcan), Southwire,
Nexans. For Substation control cables in addition to the ones listed above the
authorized manufacturers are Olympia, Condumex, Belden.
� Ability to supply products as specified
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 Contractor shall have the option to renew this contract for an
additional four (4) one-year periods: Materials and services undertaken pursuant to this RFP
will be required to cornmence 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
PAGE 6 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY [TNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
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.
4. PRICING
Firm Price
Pricing and discounts shall be ium for the initial one-year period specified in the
solicitation. Price increases shall only be considered as stipulated below in Paragraph 5,
"PRICE ADJUSTMENTS".
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 ADNSTMENTS
The City of Denton will implement an escalation/de-escalation metals price adjustment
at time of order acceptance by the manufacturer using the priar month's metal average.
The escalation/de-escalation will be based upon the following metal bases:
Aluminum Base = LME with Midwest Adder
Copper Base = COMEX
The metal bases shown below were taken from August 2012 and will be used as the
reference metal basis for the proposal evaluation and award:
AL base at $0.95.62 per Pound
CU base at $3.43902 per Pound
The price of each product will be increased or decreased based upon the following
metals adjustment formulas:
AL Conductor or Cable priced per CWT:
Unit price adjustment =(%Aluminum content) x(Amount of increase or decrease of the
Aluminum Metal Base / CWT)
CU Conductor or Cable priced per CWT:
Unit price adjustment =(% of Copper Content) x(Amount of increase or decrease of the
Copper Metal Base / CWT)
Should the change exceed or decrease a minimum threshold value of +/-1%, then the
stated eligible prices shall be adjusted in accordance with the unit price change
adjustment derived from the above formulas. It is the Vendor's or the City's
responsibility to request a price adjustment at the time of each order in writing. If no
request is made prior to order acceptance by the rnanufacturer, then it will be assumed
that the original proposed price will be in effect. The vendor must submit or make
PAGE 7 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABL,ES
available the manufacturer's pricing sheet used to calculate the proposal which includes
the percent of each type of inetal in all products, to participate in the escalation/de-
escalation clause. Should any manufacturer utilize their own proprietary or alternate
metals index, any unit price adjustments requested will be verified by the City of Denton
and if found valid then the adjustments will be pro-rated against the LME and COMEX
metal bases described above.
The City has created a spreadsheet based upon pricing and metal content. This
spreadsheet will be used to determine cable pricing each month. A sample is
included for review as Exhibit 2.
The Ciiy will .consider alternate third party indices if the proposer submits the
alternate with the proposal. The alternate index will be reviewed and considered in
the evaluation.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price
changes.
6. SUBSTITUTIONS
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 disqualified. Any "item" that would
be deemed "confidential and proprietary" by Irby 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 and/or its cooperative agencies.)
8. INTELLECTUAL PROPERTY INDEMNIFICATIOIV
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
9. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWART.
(GOVERNMENTAL ENTITY OWNERSHIP)
Any software, research, reports studies, data, photographs, negatives or other documents,
drawings or materials prepared by Supplier in the performance 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 may, at its own expense, keep copies of all its
writings for its personal files. Supplier shall not use, willingly allow, or cause to have
such materials used for any purpose other than the performance of Supplier's obligations
PAGE 8 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
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 lirnited to, the right to
copy, publish, display, transfer, prepare derivative works, or otherwise use the works.
Any "item" that would be deemed "confidential and proprietary" by Irby 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
Supplier (s) to provide a proposal on the additional services and shall submit proposals to
the City of Denton as instructed. A11 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, specifications, 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
1NTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
12. QUANTITIES
The quantities indicated on the Pricing Sheet (E�ibit 1) are estimates based upon the
best available informafion. 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
purchasing�a,citvofdenton.com, with the RFP nurnber in the subject line, for review.
Products found to have changed specif'ications 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.
PAGE 9 OF RFP #5062
CITY OF DENTON
RFP FOR Si1PPLY UNDERGROiJND DISTRIBiJTION CABLE AND SUBSTATION CONTROL CABLES
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. Supplier is an authorized
distributor.
15. SAMPLES
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 10 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
1.
2.
�
�
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: �
Deadline for Submission of Questions:
Deadline for Submission of Proposal:
Evaluate and rank initial results:
Completion of Negotiations:
Official Award:
11 /6/2012
11/29/2012 at 2:00 PM Central Time
12/06/2012 at 2:00 PM Central Time
12/14/2012
12/21/2012
1/22/2012
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 firm.
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.
NIINIMUIVI RESPONSE
Submittals that do not, at a minimum, contain the information as specified under Section IV
and E�chibit 1 Pricing Sheet will be subject to disqualification 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.
VALIDITY PERIOD
The information included in the solicitation response(s), and any cost information obtained
from a negotiation process, remain valid for 90 days from the response due date or until the
contract is approved by the governing body.
REJECTION OF SUBMITTAL
ANY PROPOSAL SUEMITTED AFTER TFIE DUE DATE AND TIME SPECIFIED
WITHIN SECTION IV, SHALL BE REJECTED. THE CITY SHALL _REJECT
PROPOSALS SUBMITTED BY FIRMS THAT DO NOT MEET MINIMUM
QUALIFICATIONS.
PAGE 11 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION .CONTROL CABLES
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 Proposal. 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 subrnission 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 rnet 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 552305, 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 COMMUNiCATIONS
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 12 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
9. ADDENDiTMS
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:Uwww.cityofdenton.com/index.aspx?page=397 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(c�7�cityofdenton. com
PAGE 13 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
Section III
Scope of Work and Services
SCOPE OF WORK AND SERVICES
The scope of work shall be finalized 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
PURPOSE
Denton Municipal Electric (DME), in Denton, Texas is providing information that will allow
prospective suppliers to prepare proposals to supply Underground Electric Distribution
Cables and Substation Control Cables. This will include distribution underground cables used
on both primary and secondary voltage levels. The distribution cables shall be designed for
operation on Denton Municipal Electric's 13,200/7,620 volt grounded wye primary electric
distribution system and standard lower secondary voltages. The substation control cables shall
be utilized within DME electrical substations for instrumentation and power cable runs between
and within switchgear buildings and substation devices.
PROPOSALS
Proposals shall be provided using the Exhibit 1, with supporting documentation as required.
Additional information clarifying the supplier's product may be attached to the proposal. Pricing
shall include all costs to deliver Electric Distribution Cables and Substation Control Cables as
specified in this specification. Any special fees or commissions, and all freight for delivery to
the Ciry of Denton Warehouse and unloading costs must be included in the quoted price. Item
pricing shall be mutually exclusive, thus the City of Denton reserves the right to choose the best
valued item from different vendors.
EVALUATION AND AWARD
The City of Denton will award the purchase, if any, based solely on its evaluation of the
proposals. Subsequent to the initial evaluation, the owner at his option may elect to conduct
discussions with any of the prospective suppliers to resolve questions related to the substance of
their proposals. Alternate proposals may be considered only at the owner's option. Owner
reserves the right to accept any alternate proposal that it deems to be in the City's best interest.
DEVIATIO�TS TO SPECIFICATION
Offeror's quoting to this specification will indicate any areas where deviations are required by
their design and will provide sufficient information to permit full evaluation of their product
prior to submission deadlines. This data will reference the appropriate section number and be
sent in letter format with their proposal. Any alternate proposal should be approved by the City
of Denton prior to the opening date. Alternates may not be considered less than 10 days prior to
opening date. Approved alternates will then be sent back out in an Addendum, for all vendors to
PAGE 14 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
know that the alternate is acceptable. Unless specifically noted by offeror as indicated above, all
quotations shall meet and include all items as de�ailed in this specification. �
SHIPMENT AND DELIVERY
A delivery schedule after placing an order is required with the proposal. The delivery lead-time
for the Electric Distribution Cables and Substation Control Cables will be a consideration in the
evaluation.
Orders will be placed as needed. The City cannot take delivery of all materials at one time.
CUT TO LENGTH PROGRAM
The City of Denton will evaluate an option of using a cut to length program for iterns 1 a and 2a.
This program would require that the supplier be able to take stock of master reels, and then cut
cable/wire to length as requested by the City for deliveries to Denton as requested below.
The City would take measurements in the field, and then contact the vendor with the lengths
needed. Vendor shall cut the cable to lengths and re-spool to the required reel specifications in
the specifications. Delivery shall be made within 72' hours upon receipt of lengths. Cut lengths
shall be from 0°/o to plus 3%. No reel length shall be less than the requested length. The City
shall release a minimum of three reels at one time for any cut to length order.
The City shall not be charged for any cable remaining on the master reels that are deemed too
short for DME use. The remaining cable material shall be property of the vendor.
The City will hold undamaged wooden reels that can be returned for the vendor to re-use. The
City has limited space available for storage, and can only keep minimal quantities. The vendor
must pick up the reels within 5 business days upon notification.
The City may request full reels as noted on the proposal page for each specified cable. This will
allow the City to have emergency cable stock on hand at all times.
Reels shall be marked with identification tags with cut length, size of cable, DME reel name and
job name.
Supplier shall propose the additional price per foot for the cut to length program costs.
Liquidated darnaged will be incurred for deliveries not meeting the contractually agreed upon
delivery timeframe. See Liquidated Damaged for additional information.
GENERAL REQUIREMENTS
The supplier shall furnish whatever drawings and instructions are necessary to completely and
safely transport, install and maintain the cables as requested by DME. Supplier shall provide a
minimum of eight (8) hours on-site training related to their product for the City of Denton
personnel upon request.
PAGE 15 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
QUALITY CONTROL
The manufacturer shall be responsible for the quality control of the manufacturing processes to
assure that all requirements of these specifications are met. However, the purchaser reserves the
right to observe, to inspect and to require additional quality control investigations, either by its
personnel or an independently employed quality control investigator, at any or all stages of
fabrication at the manufacturer's facilities. Failure to adequately maintain fabrication and
quality of fabrication until completion shall be grounds for cancellation of the order or any part
thereof.
Field failure or field repairs required due to quality control failures ar manufacturing procedures
shall be the responsibility of the manufacturer.
SAlVIPLES
Offeror's shall make samples available upon request by the City of Denton, prior to award with
no cost to the City.
TECHNICAL SPECIFICATIONS FOR ELECTRIC DISTRIBUTION CABLES:
Cable shall meet or exceed the latest requirements of the following industry standards:
ICEA 5-94-649-2000, ICEA T-25-425, ASTM B-3, ASTM B-8, ASTM B-230, ASTM B-609,
ICEA T-32-645, ICEA T- 34-664, AEIC-CS6, ASTM B-231, REA Bulletin 50-70 (4-1) unless
otherwise noted in these specifications.
A copy of the manufacturer's current AEIC CSS-00 Qualification Report shall be provided to the
City of Denton upon request.
A. 15kV, 500 AND 750 KCMIL UNDERGROUND SHIELDED POWER CABLES:
SCOPE: The specifcation describes the single conductor shielded power cable with an
ethylene propylene rubber (EPR) compound. Design to operate at conductor temperatures of
105 degree Celsius normal, 140 degree Celsius for ernergency, and 250 degree Celsius for
short circuit conditions as defined by ANSU ICEA 5-94-649-1997. The cable shall be
suitable for both single phase and three phase underground distribution installation for direct
buried, in ducts, conduits, manholes, wet and dry locations.
CONDUCTOR: The Class B compact copper conductor shall be 37 strand for the 250 and
500, and 61 strand for the 750 sizes respectively, Compact Copper in accordance with the
appropriate standards ANSI / ICEA 5-94-649-1997. Copper conductors shall consist of all
bare strands or tin coated strands in the outer layer in accordance with ASTM B230 and
B231. Manufacturer must utilize and maintain a high quality control process to ensure that
the outer conductor dimensions do not vary. DME will reject any manufacturer or reel that is
found in which more than one size of standard nominal compression lug must be used for
that particular size of conductor.
CONDUCTOR SHIELD: The conductor shield shall be black, thermosetting, semi-
conducting material extruded over the conductor and shall be EPR compatible with both the
PAGE 16 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
conductor and the overlaying insulation. The minimum average thickness shall be 20 mils.
The conductor shield shall be easily removed from the conductor and securely bonded to the
overlaying insulation. The conductor shield shall meet the requirements of the applicable
ICEA and AEIC standards.
INSULATION: The insulation shall be a premium quality, heat, moisture, ozone and
corona resistant flexible thermosetting dielectric of ethylene propylene rubber (EPR)., The
insulation shall be compatible with both the conductor shield and the insulation shield. The
insulation shall have a minimum average thickness of 220 mils, 133% insulation level, at the
applicable voltage class and in accordance with the latest edition of ICEA 5-94-649. The
insulation shall be free from voids, contaminants, gels and agglomerates in accordance with
the latest edition of AEIC CS8 or ICEA 5-94-649.
INSULATION SHIELD: The insulation shield shall be black, thermosetting, semi-
conducting material extruded over the insulation and shall be compatible with both the
insulation and the copper tape shield. The thickness shall comply with the requirements of
the latest edition of AEIC CS8 or ICEA 5-94-649. The insulation shield shall be free .
stripping from the insulation, leaving it free of any significant residue of semi-conducting
material. The tension necessary to remove insulation shall be between 6 and 18 pounds per
0.5-inch width when tested in accordance with AEIC CS8 or ICEA 5-94-649. The outer
layer of the insulation shield shall be printed at regular intervals with a warning statement
using contrasting color ink. Warning shall state "Semi-conducting" and "Remove when
splicing or terminating".
METALLIC SHIELD: The shield shall consist of a bare cooper tape helically wrapped
over the insulation shield. The thickness of the tape shall be at least 0.005 inches applied
with a minimum overlap of 12.5% and be sized in accordance with industry standards. The
shield shall meet the requirements of ICEA 5-93-639 and UL 1072 standards.
JACKETING: The jacket shall be a black, non-conducting sunlight resistant, polyvinyl
chloride jacket shall be extruded directly over the copper tape and fill all void spaces. The
jacket shall not bond and shall be readily removable from the underlying insulation shield.
The minimum average thickness of the jacket shall be 80 mils. The entire cable shall be
tough but pliable enough to easily bend and train into place for permanent mounting and
termination as determined by DME.
IDENTIFICATION: The jacket shall be marked by means of surface or indent print in
contrasting color with the following information on the jacket at two foot intervals.
1. Manufacturer name
2. P1antID �
3. Type of Insulation, thickness and insulation level
4. Type and size of cable
5. Voltage rating
6. Year of Manufacture
7. NESC "Lighting Bolt" symbol
8. Sequential footage markings
PAGE 17 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROi1ND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
REEL INFORMATION: The r.eel shall be non-returnable and substantially constructed
with diameter sufficient to ensure cable protection in accordance with NEMA WC 26. The
reel shall not exceed 72 inches tall and 45 inches wide. The reel shall be lagged or covered
with suitable material to provide physical protection for the cable during transit, ordinary
storage, and handling operation. The reels shall be shipped and stored upright to reduce
cable damage and facilitate unloading at ground level. Reels shall have three-inch center
spindle holes. Total cable/reel weight �for 750 Copper shall not exceed 74001b. for a 2000ft
reel and shall not exceed 67501b. for a 2500ft reel of 500 Copper.
The following information for identification shall be provided on a weather resistant label
attached securely to each reel.
1. Name of manufacturer and reel number
2. Description of cable
3. Footage
4. Gross, tare, and net weight of cable and reel weight
5. Production order number
6. City of Denton purchase order number
7. Date of manufacture
8. A directional arrow on both sides of the reel that shows which way the cable shall be
unrolled. (Directional arrow shall not signify the direction in which the cable was rolled).
(DME standard is set up for the cable to be unrolled off the top of the reel.)
9. Notation signifying "Do Not Lay Reel Flat"
B. 15kV ETHYLENE PROPYLENE INSULATED, #2, 1/0 AND 4/0 AL SINGLE PHASE
AND THREE PHASE UNDERGROUND DISTRIBUTION CABLE W/
CONCENTRIC:
SCOPE: The specification describes the single conductor underground residential
concentric neutral distribution cable, insulated with an ethylene pro�ylene rubber (EPR)
compound. Design to operate at conductor temperatures of 90 degree Celsius normal, 130
degree Celsius for emergency, and 250 degree Celsius for sliort circuit conditions as define
by ANSI / ICEA S-94-649-1997. The cable shall be suitable for both single phase and three
phase underground distribution installation for direct buried, in ducts, conduits, manholes,
wet and dry locations.
CONDUCTOR: The conductor shall be, Compressed, Class S stranded, Aluminum in
accordance with the requirements of ANSI / ICEA 5-94-649-1997. Aluminum conductors
shall be in accordance with ASTM B230 and B231. The 4/0 and 1/0 cond"uctors shall consist
of 19 strands of aluminum, strand filled and shall be completely chemically compatible with
the conductor and conductor shield. The #2 single phase and the #2 triplex three phases shall
consist of 7 strands of aluminum, strand filled and shall be completely chemically compatible
with the conductar and conductor shield. DME will reject any manufacturer or reel that is
found in which more than one size of standard nominal compression lug must be used for
that particular size of conductor.
PAGE 18 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
CONDUCTOR SHIELD: The conductor shield shall be black, thermosetting, semi-
conducting material extruded over the conductor and shall be EPR compatible with both the
conductor and the overlaying insulation. The conductor shield shall be easily removed from
the conductor and securely bonded to the overlaying insulatior�. The conductor shield shall
have a minimum average of 15 mils.
INSULATION: The insulation shall be a premium quality, heat, moisture, ozone and corona
resistant flexible thermosetting dielectric of ethylene propylene rubber (EPR). The
insulation shall be compatible with both the conductor shield and the insulation shield. The
insulation shall have a minimum average thickness of 220 mils, 133% insulation level, at the
applicable voltage class and in accordance with the latest edition of ICEA 5-94-649. The
insulation shall be free from voids, contaminants, gels and agglomerates in accordance with
the latest edition of AEIC CS8 and ICEA 5-94-649.
INSULATION SHIELD: The insulation shield shall be black; thermosetting, semi-
conducting material extruded over the insulation and shall be compatible with both the
underlying insulation and the copper concentric neutral. The shield shall have a minimum
thickness of 30 mils and a maximum of 70 mils and comply with the requirements of the
latest edition of AEIC CSS or ICEA 5-94-649. The insulation shield shall be free stripping
from the insulation, leaving it free of any significant residue of semi-conducting material.
The tension necessary to remove insulation shall be between 6 and 18 pounds per 0.5-inch
width when tested in accordance with AEIC CS8 or ICEA 5-94-649.
The outer layer of the insulation shield shall be printed at regular intervals with a warning
statement using contrasting color ink. Warning statement shall state "Semi-conducting" and
"Remove when splicing or terminating."
METALLIC SHIELDING: The metallic shield structure shall consist of annealed,
uncoated solid copper wires where the total conductivity is either one third or one times the
conductiviry of the phase conductor as DME specifies. The neutral wires shall have moisture
blocking agents applied and be helically wound with equal spacing and with a lay length of
between 6 and 10 times the diameter over the concentric neutral.
The size and number of concentric wires shall be:
#2 - 1/3 neutral for each cable reel (3- Phase triplexed Run) of 6- #14 concentric wires
#2 - Full neutral consisting of 10- #14 concentric wires
1/0 — Full neutral consisting of 16- #14 concentric wires Not normally used)
4/0 - 1/3 neutral consisting of 11- #14 concentric wires
JACKETING: A low-density polyethylene jacket material compatible with the insulation
shielding shall be extruded directly over and filling the void spaces between the concentric
neutral wires. The jacket shall not bond and shall be readily removable from the underlying
insulation shield and concentric neutrals. The minimum average thickness of the jacket shall
be 50 mils. The entire cable shall be tough but pliable enough to easily bend and train into
place for permanent mounting and termination.
PAGE 19 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUSSTATION CONTROL CABLES
LONGITUDINAL WATER BLOCK TEST: Longitudinal water penetration shall be
tested in accordance with the latest edition of ICEA T-34-664 except that the minimum
requirements are 15 psig for 1 hour during qualification testing and 15 psig for 15 minutes
during production testing. The commonly used pass/fail criterion for this test is that the
cable samples will not show evidence of leakage after 1 hour at 15-psig pressure.
Leakage would be evident by the presence of color dye or wetness of the paper towel, or
both.
IDENTIFICATION: The jacket shall be marked by means of surface or indent print in
contrasting color with the following information on the jacket at two foot intervals.
1. Manufacturer name
2. Plant of Manufacture ID
3. Type of Insulation, thickness and insulation level
4. Type and size of cable
5. Voltage rating
6. Year of Manufacture
7. NESC "Lighting Bolt" symbol
8. Sequential footage markings (2-foot intervals minimum)
3-Red strips not less than one-eighth inch wide shall be extruded longitudinally in the jacket
at 120-degree intervals (Total of 3- longitudinal red stripes).
#2 Three-phase primary cable shall have phase markings — A, B, C longitudinally along
the length of the cables.
REEL INFORMATION: The reel shall be non-returnable and substantially constructed
with diameter sufficient to ensure cable protection in accardance with NEMA WC 26. The
reel shall not exceed 72 inches tall and 45 inches wide. The reel shall be lagged or covered
with suitable material to provide physical protection for the cable during transit, ordinary
storage and handling operation. The reels shall be shipped and stored upright to reduce cable
damage and facilitate unloading at ground level. The following information for identification
shall be provided on a weather resistant label attached to each reel.
1. Name of manufacturer and reel number
2. Description of cable
3. Footage
4. Gross, tare, and net weight and reel weight
5. Production order number
6. City of Denton purchase order number
7. Date of manufacture
8. A directional arrow on both sides of the reel that shows which way the cable shall be
unrolled. (Directional arrow shall not signify the direction in which the cable was rolled.)
(DME standard is set up for the cable to be unrolled off the top of the reel.)
9. Notation signifying "Do Not Lay Reel Flat" -
Physical and Electrical Requirements of Thermosetting Ethylene Propylene Rubber based
Insulation:
PAGE 20 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
PHYSICAL REQUIREMENTS
Unaged
Tensile strength, psi, min.
Elongation at rupture, %, min.
Tensile Stress at 200% elongation, psi, min. at room
temperature
Modulus, psi, min. @ 130°C
After Air Oven Aging at 121°C for 7 days (168 hours)
Tensile stress, % of unaged value, min
Elongation at rupture, % of unaged value, min
Hot Creep Test at 150°C
Elongation, %, max
Set, %, max.
Heat distortion after 1 hour in air oven at 121°C
Percent max
Ozone Resistance
Per ASTM D2802
0.030% Concentration, 25°C, 24 hours
0.0005% Concentration, 52°C, 24 hours
Cold Send
-55°C
Heat Deformation Test per ASTM D2220
% Max. distortion on buffed samples of insulation
conditioned for 5 minutes and under load for 15 minutes
ELECTRICAL REQUIItEMENTS
Mechanical Water Absorption After 7 days (168 hours)
in water at 82°C
mgms/sq. in., max.
Electrical Characteristics at Room Temperature
(15.6°C}
SIC at 80 V/mil, max.
% Dissipation Factor at 80 V/mil, max.
Insulation Resistance (K), min.
Electrical Stability in 90°C Water at SO V/mil
Dielectric Constant after 24 hours, max.
PAGE 21 OF RFP #5062
GUARANTEED
" VALUE
1600
275
1000
300
��
.�
25
5
8.5
No Cracks
No Cracks
No Cracks
No Cracks
No Cracks
GUARANTEED
VALUE
5,0
2.8
0.4
50,000
2.8
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
Dielectric Constant after 26 weeks, max. 2.8
Dissipation Factor after 24 hours, max., % 0.75
Dissipation Factor after 26 weeks, max., % 0.75
Stability Factor after 26 weeks, rnax. 0.2
Moisture Resistance:
% change in SIC, 75°C water max.:
1-14days
7 — 14 days
3.0
1.5`
C. 600 VOLT SECONDARY, pUADRUPLEX, TRIPLEX, AND DUPLEX XLP -
INSULATED SERVICE CABLES:
SCOPE: Duplex cables will be used for street lighting and outdoor lighting. Quadruplex
and triplex will be used to supply power, usually from a pad-mounted transformer to the
customer's service weatherhead where connection to the service entrance cable is connected.
Insulated XLP service cables to be used at voltages of 600 volts or less, phase-to-phase and
at temperatures rated a minimum of 90° C.
TECHNICAL SPECIFICATIONS FOR ELECTRIC DISTRIBUTION CABLES:
B— 230 Aluminum Wire, 1350 — H 19 for Electrical Purposes
B— 231 Aluminum Conductors, Concentric -Lay - Stranded
B— 399 Concentrio-Lay-stranded, 6201-T81 Aluminum Alloy Conductors.
B— 786 19-Wire Combination Unilay-Stranded Aluminum 1350, Conductors for Subsequent
Insulation.
All Quadruplex, Triplex and Duplex shall meet or exceed all applicable requirements of
ANSUICEA S-76-474.
All 600 volt secondary UD cable shall meet or exceeds all applicable requirements of ICEA
5-66-524 for cross-linked polyethylene insulated conductors and UL standard 854 for Type
USE —2.
CONSTRUCTION: Conductor shall be stranded, compressed 1350-H19 aluminum.
Insulated with Polyethlene (XLP) insulation. The phase conductors shall be black and the
neutral shall have a triple yellow extruded stripe.
REEL INFORMATION: The reels shall be non-returnable and substantially constructed
with diameter sufficient to ensure conductor protection in accordance with NEMA WC 26.
The reel shall not exceed 72 inches tall and 45 inches wide. The reel shall be lagged or
covered with suitable material to provide physical protection for the conductor during transit,
ordinary storage, and handling operation. The reels shall be shipped and stored upright to
reduce conductor damage and facilitate unloading at ground level. Reels shall have three-
inch center spindle holes.
The following information for identification shall be provided on a weather resistant label
attached securely to each reel.
PAGE 22 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
l. Name of manufacturer and reel number
2. Description of conductor
3. Footage
4. Gross, tare, and net weight of conductor and reel weight
5. Production order number
6. City of Denton purchase order number
7. Date of manufacture
8. A directional arrow on both sides of the reel that shows which way the conductor shall be
unrolled. (Directional arrow shall not signify the direction in which the conductor was
rolled). (DME standard is set up for the conductor to be unrolled off the top of the reel.)
9. Notation signifying "Do Not Lay Reel Flat"
INSULATION XLP: The insulation shall be black, cross-linked polyethylene (XLP).
IDENTIFICATION: The insulation shall be marked by means of surface or indent print in
contrasting color with the following information on the insulation at two foot intervals.
1. Manufacturer name
2. Plant ID
3. Type of Insulation, thickness and insulation level
4. Type and size of conductor
5. Voltage rating
6. Year of Manufacture
7. Phase I.D. on 4/0, 2/0 and #2 Quadruplex secondary conductor shall have phase markings
A, B, C longitudinally along the length of the cables.
D. XLP INSULATED 600 - VOLT SECONDARY, 500, 250, 4/0, 2/0, AND #2 AWG
COMPRESSED COPPER CONDUCTORS:
SCOPE: These cables may be installed in wet or dry locations, indoor, in raceways,
underground ducts. Insulated XLP cables to be used at voltages of 600 volts or less phase-to-
phase and at temperatures rated a minimum of 90° C in wet or dry locations in accordance
with ICEA specifications'.
TECFINICAL SPECIFICATIONS FOR ELECTRIC DISTRIBUTION CABLES:
ASTM B— 8 Concentric — Lay Stranded Copper Conductors
ANSI / ICEA S— 70 — 547 — Covered line wire — copp�r
ASTM B— 3 Soft or Annealed Copper Wire
Insulation shall meet or exceed all requirements of ICEA S— 66 — 524, NEMA WC — 7 A
and UL Standards.
CONSTRUCTION: The conductor shall be, soft — drawn concentrically stranded copper.
Insulated with Polyethlene (XLP) insulation.
REEL INFORMATION: The reels shall be non-returnable and substantially constructed
with diameter sufficient to ensure conductor protection in accordance with NEMA WC 26.
PAGE 23 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRISUTION CABLE AND SUBSTATION CONTROL CABLES
The reel shall not exceed 72 inches tall and 45 inches wide. The reel shall be lagged or
covered with suitable material to provide physical protection for the conductor during transit,
ordinary storage, and handling operation. The reels shall be shipped and stored upright to
reduce conductor damage and facilitate unloading at ground level. Reels shall have three-
inch center spindle holes.
The following information for identification shall be provided on a weather resistant label
attached securely to each reel.
1. Name of manufacturer and reel number
2. Description of conductor
3. Footage
4. Gross, tare, and net weight of conductor and reel weight
5. Production order number
6. City of Denton purchase order number
7. Date of manufacture
8. A directional arrow on both sides of the reel that shows which way the conductor shall be
unrolled. (Directional arrow shall not signify the direction in which the conductor was
rolled). (DME standard is set up for the conductor to be unrolled off the top of the reel.)
9.Notation signifying "Do Not Lay Reel Flat"
INSULATION XLP: The insulation shall be black, cross-linked polyethylene (XLP).
IDENTIFICATION: The insulation shall be marked by means of surface or indent print in
contrasting color with the following information on the insulation at two foot intervals.
1. Manufacturer name 5. Voltage rating
2. Plant ID 6. Year of Manufacture
3. Type of Insulation, thickness and insulation level
4. Type and size of conductor
E. BARE 600 VOLT SECONDARY, 4/0, AWG COMPRESSED - SINGLE SDBC
COPPER CONDUCTORS:
SCOPE: The soft — drawn conductor of greater flexibility for uninsulated hook up, jumpers
and grounds in electrical construction.
TECHNICAL SPECIFICATIONS FOR ELECTRIC DISTRIBUTION CABLES:
ASTM B— 8 Concentric — Lay Stranded Copper Conductors
ASTM B— 3 Soft or Annealed Copper Wire
CONSTRUCTION: The conductor shall be, soft — drawn concentrically stranded copper
REEL INFORMATION: The reels shall be non-returnable and substantially constructed
with diameter sufficient to ensure conductor protection in accordance with NEMA WC 26.
The reel shall riot exceed 72 inches tall and 45 inches wide. The reel shall be lagged or
covered with suitable material to provide physical protection for the conductor during transit,
ordinary storage, and handling operation. The reels shall be shipped and stored upright to
PAGE 24 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRISUTION CABLE AND SUBSTATION CONTROL CABLES
reduce conductar damage and facilitate unloading at ground level. Reels shall have three-
inch center spindle holes.
The following information for identification shall be provided on a weather resistant label
attached securely to each reel.
1. Name of manufacturer and reel number
2. Description of conductor
3. Footage
4. Gross, tare, and net weight of conductor and reel weight
5. Production order number
6. City of Denton purchase order number
7. Date of manufacture
8. A directional arrow on both sides of the reel that shows which way the conductor shall be
unrolled. (Directional arrow shall not signify the direction in which the conductor was
rolled). (DME standard is set up for the conductor to be unrolled off the top of the reel.)
9. Notation signifying "Do Not Lay Reel Flat"
F. SUBSTATION CONTROL CABLES:
SCOPE: Electrical substation VNTC PVC/Nylon/PVC, unshielded control cable for
instrurnentation and 600V power within substations.
TECHNICAL SPECIFICATIONS FOR SUBSTATION CONTROL CABLES:
ASTM B3 and B8
CONSTRUCTION: The conductor shall be lOAWG and 12AWG as specified in various
conductor counts that are fully annealed stranded bare copper with a flame retardant
Polyvinyl Chloride (PVC) with clear Polyamide (nylon) that shall be lead-free, and sunlight
resistant. Unshielded Tray type cable that is UL listed, and rated for 600V for a 90C dry/ wet
rating with a THHN/THWN-2 type of insulation.
REEL INFORMATION: The reels shall be non-returnable and substantially constructed
with diameter sufficient to ensure conductor protection in accordance with NEMA WC 26.
The reel shall not exceed 48 inches tall and 36 inches wide, nomina13,000 foot length reels
are preferred by DME. The reel shall be lagged or covered with suitable material to provide
physical protection for the conductor during transit, ordinary storage, and handling operation.
The following information for identification shall be provided on a weather resistant label
attached securely to each reel.
1. Name of manufacturer and reel number
2. Description of conductor
3. Footage — nomina13,000foot length reels are preferred by DME
4. Gross, tare, and net weight of conductor and reel weight
5. Production order nurnber
6. City of Denton purchase order number
PAGE 25 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
7. Date of manufacture .
8. A directional arrow on both sides of the reel that shows which way the conductor shall be
unrolled. (Directional arrow shall not signify the direction in which the conductor was
rolled). (DME standard is set up for the conductor to be unrolled off the top of the reel.)
9. Notation signifying "Do Not Lay Reel Flat"
The City of Denton will not award to any cable manufacturer that is not pre-approved. Any
new manufacturer that wishes to be considered for future awards must satisfactorily go
through the Denton Municipal Electric Commodity/Supplier Approval Request Form and
process. If your company would like to'be considered for future solicitations, please submit
the DME Commodity/Supplier Approval Request form to the City of Denton Purchasing
Department. Forms can be requested via email at purchasing@cityofdenton.com.
QUALITY CONTROL
The manufacturer shall be responsible for the quality control of the manufacturing processes
to assure that all requirements of these specifications are met. However, the purchaser
reserves the right to observe, to inspect and to require additional quality control
investigations, either by its personnel or an independently employed quality control
investigator, at any or all stages of fabrication at the manufacturer's facilities. Failure to
adequately maintain fabrication and quality of fabrication until completion shall be grounds
for cancellation of the order or any part thereof.
Field failure or field repairs required due to quality control failures or manufacturing
procedures shall be the responsibility of the manufacturer.
WRITTEN WARRANTY and GUAR.ANTEES
Written guarantees shall include any limitations as to the nature of failure or time limitations.
The guarantee shall begin upon receipt of the accepted units, not on the date of manufacture.
Guarantees shall indicate whether or not it is made on a full replacement basis or a prorated
basis and if prorated then what are the terms. Manufacturer/supplier guarantees that the
products furnished under this specification are of high quality and agrees to replace any
products supplied under this contract found to be defective during inspection, installation, or
service far a minimum period of 12 months after unit is delivered to Denton. All
replacements by the manufacturer/supplier shall be free of charge F.O.B. at the same delivery
point called for in the original order. Replacements must be handled in a professional and
timely manner and in no case shall a replacement unit take longer than 60 days to arrive in
Denton after first being submitted for replacement.
ACCEPTABLE HV DISTRIBUTION CABLE MANUFACTURERS
1. Prysmian
2. Kerite
3. Okonite
4. General Cable/Alcan
5. Nexans
6. Southwire
In addition to the ones listed above, other ACCEPTABLE SUBSTATION CONTROL
PAGE 26 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
CABLE MANUFACTURERS are:
l. Olympia
2. Condumex
3. Belden
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.smith(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 solicitation for similar items.
B. GENERAL RESPONSIBILITIES AND REQUIREMENTS
1. Safety and Environmental Hazards
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
2. Supplier Standards of Performance
1NTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
3. Performance Liquidated Damages
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
4. INSURANCE
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
5. CONTRACTS
The successful awarded vendor will be required to sign an original contract. A sample
contract is provided in Attachment I— Sample Contract. Supplier shall review the
document and note exceptions in the proposal.
PAGE 27 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
C. ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS
Supplier 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 28 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
Section N
5ubmittal Requirements
Proposals shall address the following criteria. For consideration, the proposal must 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
DECEMBER 6, 2012 before 2:00 PM. Firms shall submit one original copy signed by an offieer
authorized to bind the company, 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 complete copy of the Supplier's response to this solicitation, or submit
electronically to ebids@cityofdenton.com. The format shall be in Microsoft Office format.
Submit rip cinQ for requested services as provrded in Exhibit l. Pricing shall be provided in
hard copy with the written submission, and also e-mailed in Excel to ebids(u�,citvofdenton.com
befo�e 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) # 5062 SUPPLY OF UNDERGROUND DISTRIBUTION CABLE.
Proposals may be hand delivered (by firm 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 fum 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 DECEMBER 6,
2012 at 2:00 p.m., Central Time at the following address:
City 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. Anv proposal
received after the date and/or hour set for proposal opening will be returned unopened: 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.
Each Supplier is responsible for taking the necessary steps to ensure their proposal is received by
the date and time noted herein. The City is not responsible for missing, lost or late mail or any mail
delays, internal or external, that may result in the proposal arriving after the set time.
PAGE 29 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
Proposals shall include on the envelope and the cover sheet with the RFP number and name.
1. COVER SHEET
Include Supplier 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 communities
of comparable size, and credentials; greater weight will be given to project
experience within the past five (5) years containing the team members proposed:
a. Five (5) years experience with similar products or services, provide a description.
b. A standard license or certification, if applicable.
c. A defined 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 Stat� 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).
f. Authorized Manufacturers for HV distribution cables that DME has successful
experience using are Prysmian, Kerite, Okonite, Southwire, General Cable (Alcan),
Nexans. For Substation control cables ,in addition to the ones listed above the
authorized manufacturers are Olympia, Condumex, Belden.
4. DISCLOSiIRES
a. Supplier shall detail any and all relevant history of litigation involving public
proj ects.
b. Supplier shall detail any and all exceptions within the proposal response.
PAGE 30 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY LTNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CASLES
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 E�ibit 1. Pricing shall be
provided in hard copy and emailed in Excel to ebids(a�cityofdenton.com before the proposal
due date.
7. EQUIPMENT SCHEDULE — NOT APPLICABLE
8. SAFETY RECORD — NOT APPLICABLE
9. MANUFACTURER STANDARD WARRANTY. Include a copv of the standard warrantv
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 31 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
Section V
Evaluation and Award
1. EVALUATION PROCEDURES
Selection of a Firm(s) to provide the aforementioned services will be in accardance with
the City of Denton Purchasing Policies and procedures and the State of Texas Local
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 Fums 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, financial resources and ability to perform, experience
or demonstrated capability and responsibility, references, and the vendor's
ability to provide reliable maintenance agreements and support.
b) Proposal Quality (FACTOR: 10%)
The quality of the submitted proposals, including completion, acceptance
of the City's Standard Terms and Conditions, or City of Denton acceptable
exceptions explanations to the proposal.
c) Delivery Timeframe (FACTOR: 10%).
The delivery time frame for goods after receipt of order (A.R.0)
d) Price, Total Cost of Ownership (FACTOR: 70%).
The price of the items, that may 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
PAGE 32 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
acquire the respondents' goods and services, and (4) any relevant
criteria speci�cally listed in the solicitation by the City.
The total possible score of the proposals shall be scored and weighted as
indicated in Section V, Step 1 items a. 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 Firm(s) that are considered within
the competitive range and present an overall best value to the City of
Denton.
Step 2: After the final 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 final pricing, tertns and
conditions with the highest ranked Firm or Firms. The City of Denton
may 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 Fum that provides the
overall best value to the City.
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 Government 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 debriefmg regarding their submittal. Please
contact the City of Denton Materials Management staff to document the request for a
debriefing. A meeting with the City of Denton Materials Management Staff and the using
Department shall be provided in a timely manner
PAGE 33 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
�►�\�i�/� :717
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.
3. PREFERENCES
Environmentally Preferable Purchasing Policy
Texas Local Government Code, Sec. 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 governmental 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.
PAGE 34 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROiJND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
SeCtlOil �
Payme�t 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 revi�w, inspection, and processing
procedures ordinarily require thirty (30) days after receipt of invoice, materials, 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 items; 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.dentonpurchsasing. com.
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 Supplier 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 comply with State Comptroller's ruling #95-
0.07 and #95-0.09.
PAGE 35 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY IJNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
Section VII
Standard Purchase Terms and Conditions
1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables
described in the Solicitation and in the Supplier's Offer in strict accordance with the terms,
covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules,
and regulations. ,
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. SUPPLIER TO PACKAGE DELIVERABL. ES: The Supplier will package deliverables in
accordance with good commercial practice and shall include a packing list showing the description
of each itern, 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 nurnber 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 fmal 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; Provided, however, 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: 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, or
PAGE 36 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
the Supplier's supplier's/manufacturer's, facilities, 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 afforded an
opportunity to promptly cure any such breach following notice of sarne from the City.
9. PLACE AND CONDITION OF WORK:
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
10. WORKFORCE
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS:
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTR.ACT
12. INVOICES:
A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department's Name, and
the name of the point of contact for the Department. Invoices shall be itemized and
transportation 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 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 invoice.
C. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced arnount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in
Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the
magimum lawful rate; except, if payment is not timely made for a reason for which the City
may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after
the grounds for withholding payment have been resolved.
PAGE 37 OF.RFP #5062
� CITY OF DENTON
RFP FOR SUPPLY UNDERGROIJND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
C. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the
partial shipment ar delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Supplier to such extent as may be necessary on account o£
i. delivery of defective or non-conforming deliverables by the Supplier;.
ii. third party claims, whicl� are not covered by the insurance which the Supplier is required
to provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the .City's agents, employees or 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.
viii. — Supplier is to be notified in writing of any such withheld payments, including
amount and specific and detailed basis for action, prior to any withholding event takes place.
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
arnounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to
permit the City to pay its obligations under the Contract. In the event of none or inadequate
appropriation of funds, there will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Supplier, unless otherwise stated in the contract terms. Supplier must
be notified prior to travel and actual expenses and reimbursement can be negotiated at that
time.
1 S. FINAL PAYMENT AND CLOSE-OUT:
1NTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
PAGE 38 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
16.SPECIAL TOOLS & TEST EQUIPMENT:
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS 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, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Supplier shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents.
All books and records will be made available within a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an overpayment of 1°/a 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 thereo£ 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 imal printed document.
18. SUSCONTRACTORS:
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
19. WARRANTY — PRICE:
INTENTIONALLY DELETED
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 encurnbrances. The Supplier shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
21. WAI2RANTY — DELIVER.ABLES:
Supplier is not the m�nufacturer of the deliverables and the deliverables are covered by separate
manufacturer's warranties. Supplier shall transfer and assign such inanufacturer'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 IMFLIED
PAGE 39 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE r1ND SUBSTATION CONTROL CABLES
WARRANTIES OF MERC��AlVTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
22. WARRANTY — SERVICES:
�
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORNIING 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 DELETED - NOT APPLICABLE TO THIS 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 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. TERIVIINATION 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 suffcient to prove to the non-defaulting
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 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 judgrnent interest at the maximum lawful rate. Additionally,
in the event of a material default by either Party, the other Party may remove the terminated Party
from the City's vendor list for three (3) years, and if the terminated Party is the Supplier, any Offer
PAGE 40 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
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 for such
purposes, for all goods delivered and services performed and obligations incurred prior to the date
of termination in accordance with the terms hereof, as well as, any applicable order cancellation,
restocking or return fees assessed by Supplier's manufacturers, including if applicable, payment of
full invoice price if the deliverables are considered in production and non-returnable by the
rnanufacturer 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 thirty (30) calendar days from the date of receipt of the notice of
delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process
specified in paragraph 49.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to any
of the foregoing causes, then the time for completion will be extended; provided, however, in such
an event, a conference will be held within three (3) business days to establish a mutually agreeable
period of time reasonably necessary to overcome the effect of such failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable costs
and expenses of litigation, mediafion 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,
ofiicers, 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
PAGE 41 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CASLES
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 THEOPTION OF THE 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 THE 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
FOREGOIONG INDENINIFICATION OBLIGATIONS SHALL NOT APPLY TO ANY
LIABILITIES TO THE EXTENT PROVEN TO BE CAUSED BY THE GROSS
NEGLIGENCE OR WILFULL NIISCONDUCT OF THE PARTY SEEKING
INDENINIFICATION; NOTHING HEREIN SHALL BE DEEMED TO LINIIT THE
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. INSURANCE —The following insurance requirements are applicable, in addition to the specific
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, such amounts to
be specified in Attachment A, if applicable. The insurance shall be written by a company licensed to
do business in the State of Texas and satisfactory to the City of Denton.
A. General Requirements:
i. The Supplier shall at a minimum carry insurance in the types and amounts indicated and
agreed to, as submitted to the City and approved by the City within the procurement process,
for the duration of the Contract, including extension options and hold over periods, and
during any warranty period.
ii. The Supplier shall provide Certificates of Insurance with the coverage's and
endorsements required to the City as verification of coverage prior to contract execution and
within fourteen (14) calendar days after written request from the City. Failure to provide the
required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Supplier must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Supplier shall not commence work until the required insurance is obtained and until
such insurance has been reviewed by the City. Approval of insurance by the City shall not
relieve or decrease the liability of the Supplier hereunder and shall not be construed to be a
limitation of liability on the part of the Supplier.
iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior
to the 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
PAGE 42 OF RFP #5062
• CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
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 endarsements 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 prirnary coverage as applicable.
viii. If msurance policies are not written for amounts agreed to with the City, the Supplier
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without expense,
to review certified copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
limits, and exclusions when deemed necessary and prudent by the City based upon changes
in statutory law, court decisions, the claims history of the industry or financial condition of
the insurance company as well as the Supplier.
xi. The Supplier shall not cause any insurance to be canceled nor permit any insurance to
lapse during the term of the Contract or as required in the Contract.
xii. The Supplier shall be responsible for premiums, deductibles and self-insured retentions,
if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the
Certificate of Insurance.
xiii. The Supplier shall endeavor to provide the City thirty (30) calendar days' written notice
of erosion of the aggregate limits below occurrence limits for all applicable coverage's
indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Supplier.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Supplier which
arises under or concerns the Contract, or which could have a material adverse affect on the
Supplier's ability to perform thereunder, the Supplier shall give written notice thereof to the City
within ten (10) calendar days after receipt of notice by the Supplier. Such notice to the City shall
PAGE 43 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY iJNDERGROi1ND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
state the date of notiiication 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 speciiied, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three
(3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail,
Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or other
commercially accepted means. Notices to the Supplier shall be sent to the address specified in the
Supplier's Offer, or at such other address as a party may notify the other in writing. Notices to the
City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the
attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Supplier to the City shall become property of the City upon receipt. Any portions
of such material claimed by the Supplier to be proprietary must be clearly marked as such.
Determination of the public nature of the material is subject to the Texas Public Information Act,
Chapter 552 of the Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and
warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the
deliverables. Supplier shall transfer or pass-through to the City the benefit of all manufacturer's
warranties, and indemnities against infringement of patents, trademarks, 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, confderitial know-how, confidential business information, and
other information which such other Party or its licensors consider confidential (collectively,
"Conf'idential Information"). Each Party acknowledges and agrees that the Confidential Information
is the valuable property of the other Party 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 in strict confidence and
shall not disclose, disseminate, copy, divulge, recreate, ar otherwise use the Confidential
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 order of any court or other governmental authority with proper jurisdiction, provided the
Party prornptly 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 the Party 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 confidentiality of the Confidential Information.
PAGE 44 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUSSTATION CONTROL CABLES
38. OWNERSHIP AND USE OF DELIVERABLES:
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
39. PUBLICATIONS: All published material and written reports submitte�l under the Contract
must be originally developed material unless otherwise specifically provided in the Contract. When
material not originally developed is included in a report in any form, the source shall be identified.
40. ADVERTISING: The Supplier shall not advertise or publish, without the City's prior consent,
the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Supplier warrants that no person or selling agency has been
employed or retained to solicit or secure the Contract upon any agreement or understanding for
commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide
established commercial or selling agencies maintained by the Supplier for the purpose of securing
business. For breach or violation of this warranty, the City shall have the right, in addition to any
other remedy available, to cancel the Contract without liability and to deduct from any amounts
owed to the Supplier, or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Supplier, cancel the Contract without
liability if it is determined by the City that gratuities were offered or given by the Supplier or any
agent or representative of the Supplier to any ofiicer 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 CONTR.ACTS: No officer,
employee, independent consultant, ar 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 fmancial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in offce, 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 G).
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 an independent contractor. The Supplier agrees and understands that the Contract does not
grant any rights or privileges established for employees of the City of Denton, Texas for the purposes
of income tax, withholding, social security taxes, vacation or sick leave beneiits, worker's
PAGE 45 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
compensation, or any other City employee benefit. The City shall not have supervision and control of
the Supplier or any employee of the Supplier, and it is expressly understood that Supplier shall perform
the services hereunder according to the attached specifications at the general direction of the City
Manager of the City of Denton, Texas, or his designee under this agreement.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and inure 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 corisent 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 beneficiaries to the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either the
Supplier or the City of any one or more events of default by the other party shall operate as, or be
construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or
implied acceptance of any other existing or future default ar defaults, whether of a similar or
different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Supplier invoice, order or other document
shall have any force or effect to change the terms, covenants, and conditions of the Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it is
the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
deiinition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations ar to seek injunctive relie£ 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 minimurn, 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.
PAGE 46 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
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.�arties
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 withi}� thiriy (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for
up to thirty (30) calendar days from the date of the first mediation session. The City and the
Supplier will share the mediator's fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in
Texas, V.T.C.A., Bus. & Comm. Code, Chapter l, excluding any rule or principle that would refer
to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract
shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the
exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or
interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from
any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the Contract.
Any void provision shall be deemed severed from the Contract and the balance of the Contract shall
be construed and enforced as if the Contract did not contain the particular portion or provision held
to be void. The parties further agree to reform the Contract to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken 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)
PAGE 47 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF O,BLIGATIONS: 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 OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to
discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discrirninatory 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" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Supplier, the acquisition cost, including transportation costs to
the place of incorporation into the end product (whether or not such costs are paid to a domestic "
firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Supplier, all costs associated with the manufacture of the
component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(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 al1 its components.
Components of foreign origin of the same class or kind as those that the agency determines are not
PAGE 48 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
mined, produced, or manufactured in sufiicient 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 Col,umbia, 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 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".
E. Supplier is a material supplier in this response to RFP and in conjunction with the
approval standards set for by the City as part of this initiative, Supplier cannot be held to a
Buy American Act if the City presents a contradicting material specifcation for bid.
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this solicitation, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAX�S: 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
respondent.
59. PREVAILING WAGE RATES:
INTENTIONALLY DELETED - NOT APPLICABLE TO THIS CONTRACT
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
compliance 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 unernployment insurance coverage and standard Workers'
Compensation insurance coverage. Supplier shall ensure compliance with all federal and State tax
laws and witl�holding 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
PAGE 49 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs,
penalties, or losses resulting from Supplier's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The Supplier shall comply with the applicable provisions of
the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET
SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the Supplier shall comply with
the relevant provisions thereof, including any amendments to the final rule that may hereafter be
issued.
63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier
shall be liable for all damages to government-owned, leased, or occupied property and equipment
caused by the Supplier and its employees, agents, subcontractors, and suppliers, including any
delivery or cartage company, in connection with any performance pursuant to the Contract. The
Supplier shall notify the City of Denton Procurement Manager in writing of any such damage
within one (1) calendar day.
64. FORCE MAJEURE:
The City of Denton and the Supplier shall not be responsible for performance under the Contract
should it be prevented from performance by a Force Majeure.
"Force Majeure" any act 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 its payment obligations) in accordance
with the terms of the Contract. 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 the 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 calendar days of the inception of such occurrence) and describe at a reasonable
level of detail 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 INIlVIUNITY: 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.
PAGE 50 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY LTNDERGROiJND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
67. RECORDS RETENTION: The Supplier shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Supplier shall retain all such records for a period of 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 51 OF RFP #5062
CITY OF DENTON
RFP FOR 5UPPLY UNDERGROiTND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
ATTACHMENT C
BU5INESS OVERVIEW QUESTIONNAIRE AND FORMS
1. Supplier Name: Stuart C. Irby Company
2. Address (Principal Place of Business): 7125 Belton Street, Ft, Warth, 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 SalesAssociute: james@i�•by.com
6. Website Address: www.irby.com
7. Telephone: Russell Jc�mes (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 Held Corpo�ation
Partnership
Individual
Corporation
Association
11. Date Established: (Irby Response: 1926)
12. Former Business Name: NotApplicable
13. Date of Dissolution: NotApplicczble
14. Subsidiary o£ Irby Response: Irby is a operating business fo� Sonepar, US, corporateXy
headquartered in PhiladeCphia, PA
15. Historically Underutilized Business: Yes or No Irby Response: No
16. Principals and Officers: (Irby Response: Primary Offzcers that associate to company utility
operations are as follow:
. � : •. -
Mike Wigton President
Andy Waring Chief Operating Officer
PAGE 52 OF RFP #5062
CITY OF DENTON
'RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
John Honigfort Vice President - Finance
Joe LeNoir Vice President of Sales
Eddie Moak I Vice President of Sales
Chad Cravens Vice President of Sales
Brad Slocum Vice President of Operations
17. Key Personnel and Responsibilities:
18. Number of Personnel by Discipline:
Discipline Number of Staff # Registered
Irby Response: Irby ernploys ccs a comprcny 890 associcrtes in the departmental areus of Sales,
Operations, Finunce (Credit and Accounting), Human Resources, Inforrnation Technology
and CorporateAdministration and Operations. Further cietails are avurlable 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 narne? 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.municipalitzes) and contract
amounts. Include project description, contact names, position, and organization name and
telephone nurnber for each reference listed. See attachment F.
(See attachment F)
21. Have you ever defaulted on or failed to complete a contract under your current company
name or any other company name? If so, where and why? Give name and telephone number
of Owner. (Irby AnsweY: No)
PAGE 53 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
22. Have you ever had a contract terminated by the Owner? If so, where and why? Give name
and telephone nurnber (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.�ov/pls/oshaweb/owasrcl�.search form?,� doc type=STANDARDS&p toc
level=l&p keWalue=1926
(Irby Answer: As a Mc�terial Supplier, Irby maintains all necessary and appropriate
Employee Health and Safety requirements, inclusive of a corporate program that
inonito�s and docu�nents c�ctivity, training and performance. Furthe� info�mution can be
made available if needed and upon request.)
PAGE 54 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROiJND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
ATTACHMENT F
REFERENCES
Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your
company provides. The City prefers customers of similar size and scope of work to this proposal.
, REFERENCE ONE
GOVERNMENT/COMI'ANY NAME: GARLAND POWER & LIGHT
LOCATION: GARL.4�VD T.I
CONTACT PERSON AND TITLE: GARYFIOLCOLILIB- PURCK4SING NIANAGER
T'ELEPHONE N CTMBER:972-205-3=100
SCOPE OF WORK:
CONTRACT PERIOD:
REFERENCE TWO
GOVERNMENT/COMPANY NAME: CITY OF WEr1THERFORD
LOCATION: Y��'ATHERFORD,TX
CONTACT PERSON AND TITLE: TO11�I�1�IYP.4TTERSON
T'ELEPHONE NLTMBER: 817-598-4252
SCOPE OF WORK:
CONT`RACT PERIOD:
REFERENCE THREE
GOVERNIV�NT/COMPANY NAME: CITY" OF SANGER
LOCATION: SANGER T_X
CONTACT PERSON AND T`ITLE: MIIiE PR4TER
TELEPHONE NUMBER: 940-=158-206=1
SCOPE OF WORK:
CONTRACT PERIOD:
PAGE 55 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY IINDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
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 H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This �questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received
who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later
than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.
See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
i Name of person who has a business relationship with local gover�mental entity.
2
� Check this box if you are £ling an update to a previously filed questionnaire.
(The law requires that you file an updated completed questiouuaire with the appropriate filing authority not later than the 7�' business day a$er the
date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
0 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 56 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
ATTACHMENT H
DISADVANTAGED BU5INESS 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 Suppliers to seek qualification as a
DBE and/or utilize DBE's as sub-contractars, 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 cornpanies should identify themselves as such and submit a copy
of the Certification. The City recognizes the certifications of the State of Texas Building and
Procurement Commission HUB Program. All companies seeking information concerning DBE
certification are urged to contact.
State of Texas HUB Prograin — TPASS Division
PO Box 13047, Austin, T`X 78711-3047
(512) 463-5872 or (888) 863-5881 or http://www.window.state.�.us/procurement/pro /h�ub/_
Instructions: If your company is already certified, 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 linlc 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 HCJB
certification.
COMPANY NAME:
REPRESENTATIVE:
ADDRESS:
CITY, STAT'E, ZII':
TELEPHONE NO.
Indicate all that apply:
FAX NO .
Minority-Owned Business Enterprise
Women-Owned Business Enterprise
Disadvantaged Business Enterprise
PAGE 57 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
ATTACHMENT I
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
THIS CONTRACT is rnade and entered into this day of A.D., 2012, by and
between a corporation, whose address
is , hereinafter referred to as "Supplier," and the C�TY 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 (Exhibit "A")
(c) Special Terms and Conditions (Eghibit "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."
�
O
PAGE 58 OF RFP #5062
CITY OF DENTON
RFP FOR SUPPLY UNDERGROUND DISTRIBUTION CABLE AND SUBSTATION CONTROL CABLES
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and
day first above written.
ATTEST:
Citv of Denton
OWNER
:
ATTEST:
(SEAL)
SUPPLIER
MAII,ING ADDRESS
I'�. [�7� 1�`► � l �P I:� � 1.�
�*- �,l 1: '
C
APPROVED AS TO FORM:
AUTHORIZED SIGNATURE
PRINTED NAME, TITLE
(SEAL)
ANITA BURGESS, CITY ATTOKNEY
PAGE 59 OF RFP #5062
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 official opening.
The undersigned affirms he has familiarized himself with the local conditions under which the work is to be
performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters
that 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 affirms that they are duly autharized 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.
Supplier 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 seq.
The undersigned affirms that they have read and do understand the specifications and any attachments contained in
this RF`P package.
The undersigned agrees that the RFP posted on the website are the official specifications and shall not alter the
electronic copy of the specifications and/or pricing sheet (E�chibit 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?pa�e=397 to ensure they have downloaded and signed all addendum(s)
required for submission with their proposal.
Should a conflict arise between the PO, supplier terms, or contract; the terms and conditions set forth in this RFP
shall prevail.
I certify that I have made no willful misrepresentations in this Proposal Submission, nor have I withheld information
in my statements and answers to questions. I am aware that the information given by me in this proposal will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be
rej ected.
NAME AND ADDRESS OF COMPANY:
IRBY
7125 BELTON ST
FT. WORTH, T�Y
76118
Tel. No.817-321-4011
Emai1..IAMES@IRBY. CONI
PAGE 60 OF RFP #5062
AUTHORIZED REPRESENTATIVE:
Signature
Date
Name R US`SELL JAMES`
Title SALES
F� No.817-28=�-7743
Exhibit C
RFP 5062 SUPPLY OF UNDERGROUND ELECTRIC DISTRIBUTION & SUBSTATION CONTROL CABLE
� Stuart C. Irby
Ft. Worth, TX
Section l- ELECTRIC DISTRIBUTION CABLES southwire
EST.
Minimum Reel Proposed Delivery
Item ANNUAL UOM COD # Product Description Length (feet) Manufacturer Unit Price Date
Qn
a e, A 4 0 - ase, rimary, 3
Reduced Concentric Neutral, Strand Filled,
5 48;000 FT 22p Mil. (See Concentric EPR detail
28080055 section)
Cable, AL #2 1-Phase, Primary, Full
6 30,000 FT Concentric Neutral, Strand Filled, 220 Mil.
28080010 (See Concentric EPR detail section)
Cable, AL #2 3- Phase, Triplexed Primary,
7 15,000 FT 1/3 Reduced Concentric Neutral, Strand
28080040 Filled, 220 Mil.
Cable, 350 AL-350 AL-4/0 AL, 600V XLP,
8 4 000 FT ' 37,37,19 Strand (Wesleyan) 3-Yellow
� 28035230 longitudinal stripes on Neutral
Cable, 4/0-4/0-2/0 AL, 600V XLP, 19
9 12,00o FT Strand (Sweetbriar) 3-Yellow longitudinal
28080060 stripes on Neutral
Cable, 2/0-2/0-#1 AL, 600V XLP, 19
10 1,000 FT Strand (Converse) 3-Yellow longitudinal
28080070 stri es on Neutral
Wire, 4/0 Soft Drawn Bare Copper, 19
14 60,000 � 2g016220 Strand lNehrinql
10-12 Weeks, Irby
will stock if
4,000 Southwire $ 2:4900 needed
6,000 � Southwire �$ 1.7400 � 10-12 Weeks
1,700 � Southwire �$ 5.3200 �24 Weeks
Southwire I $ 2.2400 IStock
1,000 � Southwire �$ 1.3300 �Stock
000 Southwire $ 1.0000 Stock
500 Southwire $ Z.9100 Stock- 6 Weeks
��
��
�..
Notes and Exceptions
City of Der�ton bid# 6062
• Please note that we are of#ering "Cut To Length" program at no additional cHarge.
• Mi�imum release quantities on select items:
Item # 5,10,000 fl minimum
ltem # 6, 1�,000 fi minimum
iterri # 7, 6,700 ft minimum
ttem # 17, 5,000 ft minirnum
+ See specific notes ar+d exceptions in red italics below each topic where applicable
throughout ihis RFP
a Section 3 P#�ysica! requirements: 750 EPR minimum tensile strength is 1400 PSI, not
1600 psi
w����
�'�' Quo�ation: 294774
. ����_ �� . � .
4. No reefs should be refumed without prior consent from Souihwlre. Upan recefpt of r�turn not�flcatfon, Souihwire will providg
customer wifh complete shipping instruckions. Chergas incurred aver and above ihe least-cost rnade of reiurn {as determined by
Southwirs) by unauihorized return shipmant, may be charged to the customer.
'19. �RROR, GQN7F�AD1CTI0�! OF TERMS, AbJUDfCATION
Southwire reserves the right to carrect any clerical ar stenogrephic err4r made fn the preparation of orders, acknawledgments, ar
lnva[ces. Corrections shall be considered as binding amendments to #he originaf contract of s�le.
�Io spacial terms and conditions fake precedenca over these general terms and condltions unless spe'cific referenca is made fo any
conflict, tivaiving fhe requlremen#s of these terma and conditions. In ihe evertt any of these terms or conditions are declared invalid
by a Court of compeient Judsdiction, all ofber terms and aonditlans contained herein shall remain 1n �UI! force and effect.
�12, WARRANTY
3hould any Southwire prod�tct prnve defective due ta manuiacture wiihin ane (9} year from date of invoice, upnn wr'itten no#ice to
Sauthwire, this maierial wlEl be replaced f,o.b. origlnal destination point. Southwire will not be Ifable for any installation costs,
Incldental or consequenliaf dameges or oosts, or loss of profits resuiting from manuFacturing de(ects.
iHfS WARRANTY IS EXPR�89LY IN IJ�U OF ALL OTH�f2 WARRANTIEB �XPR�SS�n OR IMPLI�D INCLUDING
WARRANTiES OF MERCHANTAgILITY ANQ FITfV�SS FOR A PARTICULAR PURPOSE. THI3 WARRANTYAPFi.iES ONLY TO
CaMMERCIAI. U�2 INDUSTRIAL USERS OR Pl1EtCHASERS FOR PUitF'OS�S OF R�SAt,E, WARRANTIES ANn
I�EPRESENTATIONS TO CONSUM��tS WFiO PURCHASE 5al1TWWIRE PR�bUCTS TU s� USED FOR P�R501VAL, FAMILY
OR HOUS�HQf.P Pl1fiiPOSES, AR� MApE SEPARA7�LY A1�D ARE AVAILABLE iJPdt� REQUEST.
SOUTHWIR� TERMS ANl] C�NDITIONS APPLY.
We appracfate the opportunity ta quofe on your requirements and ere lnoking Carward tn recelving your order. !f you have any
quesfions, plesse call Sandra Powell a# (T74) 832-�209 (phone) oc ema() sandra.powell{d�sQUthwlre.cam.
Need track3ng �nfo ar a copy of an invoice?'Chls Informaiion is avallable anline atwww.sout�wfra.com,
This program wili give you 24hrs 7 days a week access to your fracking info, abtlity to print packing slips ahd 9hvofces on anything
shipped and pasted. If yau need help wifh registration caniaci your accaunk managar or webmaster(a�southwira.com. Greai iime
saver.
Printed by: Sandra Powell 42144l2012 sandra.powell@souihwire.cnm page 8 of 8
Southwlrs Comp�ny
Qne Sauthwlre Drive
Carrolltan, QA 3011 J, U8A
Telaphone i774} 832-�242
www.aoutt�wlre.cnm
� �������
Decemb�r 4, 24 I 2
To Whom It May Concern:
Stua��# C. lrby —�'t. �rVoi�th has be�n an authorized Southwire Aistributar for over ten years. If
you shauld need rnore ini'ormation on this distributar please don't hesitate to give me a call, I
can be reached at 774-832-a2p9,
TFiank you,
Sincerf:ly,
�d���4 t,�:�,t,cr
Sandra I'owel}
A�caunt M�nagcr