The URL can be used to link to this page

2014-319ORDINANCE NO. 2014-319 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE SUPPLY OF ELECTRIC METERS, CURRENT TRANSFORMERS, METER SOCKETS, AND AUTOMATIC METERING INFRASTRUCTURE (AMI) EQUIPMENT FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5584-AWARDED TO HD SUPPLY POWER SOLUTIONS 1N THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $4,307,685). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of Electric Meters, Current Transformers, Meter Sockets, and Automatic Metering Infrastructure Equipment in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5584 HD Supply Power Solutions $4,307,685 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5584 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 proposals. SECTION 6. This ordinance shall become effective immediately upon its passage and approvaL 1'��;�,�.� �� :l'1�1��:�''�1�r� i;l�� : ��"�^� � �l�� c�l"��^�, ,�"��:�::..��, �l}��1•. � � h �� „�� CHRIS WATTS, MAYOR......m, ............... ATTEST: JENNIFER WALTERS, CITY SECRETARY � � �� , �. �f . �� _ w� � �`��"��""��., ��' ��-� � BY �._� _ �" �� . �,� .� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� W �'�` �'" � �ar � � � �, �� BY: � � ��µ� �� "� �� ,�� m ...�� CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND HD SUPPLY POWER SOLUTIONS (RFP # 5584) '1"�=�� i.,�i�'°��."1�.�A�'1 i*, i��cd� ��rwc� �s�:i��c'I ��tl� ��ti� �..,..� �i�ty c��` �a�,��,��..„ �w..i.7�.„ �f�D ,�� ,�r�y �t�� t�� 1�I,� ��~��'t��r�,�~ �,��1'it�ar�� a corporation, whose address is 2800 Quail Run, Ste100, Corinth, TX 76208, 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 # 5584 Suppl ��of Electric Meters, CTs, Meter Sockets an AMI Equipment, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A") (b) City of Denton's RFP 5584 (on file at the office of the Purchasing Agent) (c) Standard Terms and Conditions (Exhibit "B") (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C"). (e) Supplier's Proposal. (Exhibit "D"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." RFP 5584 IN WITNESS WHEREOF, the parties ofthese presents have executed this agreement in the year and day iirst above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY �� -'��`� �'� ��"��` �y APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ��.. � �� BY _��,�^�,��'� � �.,:�°� "� ,�� ,�� RFP 5584 SUPPLIER : � f,.l"�"1-��"! 1�;�� ;��d°�TURE ��., �� l i�at�: ��.- � � ��- , Nar��c; ��,� .� �� ,�'"��'�,�'�,� � � Title: o�' ��`�"� � �; '��'� u � _ � � ,� µ �; mm . �� mm ��, �� p ...� ��.. . � � �tu E _ , �, �� m� „�i� � � �� o i +Y��° � � � � � � , FA� NUMBER CITY OF DENTON, TEXAS � � •�-� ��., BY: �'�� ...�.�� ... � GEORGE C. CAMPBELL, "I'C""1' MANAGER Date; �� ° ... . �.�e. ........ ------ �� " �� ,�� ,� � Exhibit A Special Terms and Conditions The Quantities indicated on Exhibit D are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the price. Individual purchase orders will be issued on an as needed basis. Product Chan�es Durin� Contract Term The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to 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 manufac.turer's representative as needed by the City. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Price Escalation and De-escalation Prices quoted for the commodities must be firm for a period of one year from date of contract award. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI)* for other electrical equipment manufacturing (PCU33593359). The price will be increased or decreased based upon the annual percentage change in the PPI. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. Should the PPI change exceed a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the PPI change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for * Producer Price Index/PPI is defined by the U.S. Department of Labor: The Producer Price Index (PPI) is a family of indexes that measures the average change over time in selling prices received by domestic producers of goods and services. PPI measures price change from the perspective of the seller. This contrasts with other measures, such as the Consumer Price Index (CPI), that measure price change from the purchaser's perspective. Sellers' and purchasers' prices may differ due to government subsidies, sales and excise taxes, and distribution costs. RFP 5584 consideration. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. Upon receipt of such request, the City reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar davs after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar davs after a determination has been issued. Pre-price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. The request can be sent by e-mail to: purchasin�(�a,cityofdenton.com Or mail to: City of Denton Attn: Purchasing Manager RFP # 5392 901B Texas Street Denton, Texas 76209 Or call: City of Denton Purchasing (940) 349-7100 The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. Total Contract Amount The contract total shall not exceed $4,307,685. Pricing shall be per Exhibit D attached. Delivery Lead Time Product shall be delivered to the City per the days noted in Exhibit D after receipt of the order, RFP 5584 Exhibit B City 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 Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier's Proposal response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to purchase Services to be performed principally at the City's premises or on public rights-of-way. 1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Supplier's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. SUPPLIER TO PACKAGE DELIVERABLES: The Supplier will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Supplier's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g, box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Supplier shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Supplier is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Supplier's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Supplier's, or the Supplier's Subcontractor's, facilities, or the deliverables at the Supplier's, or the Supplier's Subcontractor's, premises, the Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. RFP 5584 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Supplier access to the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier acknowledges that it has satisfied itself as to the nature of the City's service reyuirements and specifications, the location and essential characteristics of the work sites, the quality and quantiry of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Supplier's obligations under the contract. The Supplier hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. ] 0. WORKFORCE A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Supplier, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Supplier that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Supplier shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Supplier represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verifcation forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Supplier, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety reyuirement shall govern. The Supplier shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Supplier's obligations under this paragraph. Environmental Protection: The supplier shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et seq.). 12. INVOICES: A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation RFP 5584 charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Supplier's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier's invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Supplier shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the partial' shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Supplier to such extent as may be necessary on account of i. delivery of defective or non-conforming deliverables by the Supplier; ii, third party claims, which are not covered by the insurance which the Supplier is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or suppliers, which is not covered by insurance required to be provided by the Supplier; v. reasonable evidence that the Supplier's obligations wil( 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 reyuired attachments and supporting documentation; or vii. failure of the Supplier to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Supplier agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Supplier. The City shall provide the Supplier written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Supplier, unless otherwise stated in the contract terms. 15. FINAL PAYMENT AND CLOSE-OUT: RFP 5584 A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Supplier is not in compliance with the reyuirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Supplier's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Supplier against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Supplier as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Supplier shall retain such books, records, documents and other evidence pertaining to the Contract period and fve years thereafter, except if an audit is in progress or audit fndings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Supplier shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Supplier which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subseyuently used to generate or prepare a itnal printed document. 18. SUBCONTRACTORS: A. If the Supplier identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Supplier shall comply with all requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in the Supplier's Plan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Supplier is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Supplier. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Supplier in sufficient time to enable the Supplier to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Supplier, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Supplier is required to indemnify the City. RFP 5584 C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Supplier is responsible for the Supplier's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Supplier shall pay each Subcontractor its appropriate share of payments made to the Supplier not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: A. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. B. The Supplier certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Supplier, or otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Supplier warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Supplier, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Supplier is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the yuantity of deliverables it may be required to purchase under the Contract from the Supplier, and purchase conforming deliverables from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Supplier is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Supplier shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Supplier shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Supplier warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. RFP 5584 B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Supplier is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Supplier, and purchase conforming services from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to accept it, the City may do so. The Supplier shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Supplier. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other 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 Supplier is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Supplier will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Supplier shall be in default under the Contract if the Supplier (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Supplier's Offer, or in any report or deliverable required to be submitted by the Supplier to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Supplier, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Supplier, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Supplier's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Supplier, the City may remove the Supplier from the City's vendor list for three (3) years and any Offer submitted by the Supplier may be disyualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Supplier shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Supplier, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Supplier on any Offer or in any report or deliverable reyuired to be submitted by the Supplier to the City shall be grounds for the termination of the Contract for cause by the City and RFP 5584 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 eyuitable adjustment for costs incurred by the Supplier in the Contract price and execute an amendment to the Contract. The Supplier must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Supplier from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Supplier, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Supplier, the Supplier's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE SUPPLIER SIiALL DEI'EIVD (AT THE OPTION OF THE CITY�� INDEMNIFY, AND HOLD THE C[TY, ITS SUCCESSORS� ASSIGNS� OFFICCRS� EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF� INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT oF 1'�-[E SUPPLIER, oR THE SUPPLIER'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE SUPPLIER (IIVCLUDING� BUT NOT LIMITED TO� THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in the solicitation document. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Reyuirements. 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 reyuest 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 RFP 5584 subcontractors commencing work on the project. v. The Supplier's and all subcontractors' insurance coverage shall be written by companies ]icensed 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 reyuired in the Contract, covering both the City and the Supplier, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Supplier shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability lnsurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon reyuest, 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 reyuirements 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 Certifcate 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 (]0) calendar days after receipt of notice by the Supplier. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shal] be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Supplier shall be sent to the address specified in the Supplier's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. RFP 5584 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the Supplier to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Supplier in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Supplier does not know of any valid basis for any such claims. The Supplier shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Supplier's breach of any of Supplier's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf. Further, Supplier agrees that the City's specifications regarding the deliverables shall in no way diminish Supplier's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Supplier. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Supplier may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Supplier acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confdential Information will substantially injure the City and/or its licensors. The Supplier (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Supplier promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Supplier agrees to disclose such patentable subject matter to the City. Further, if reyuested by the City, the Supplier agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Supplier agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Supplier for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Supplier hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City o fl all worldwide right, title, and interest in and to such deliverables. With respect to such work made-for-hire, the Supplier agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. RFP 5584 C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Supplier's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Supplier agrees to treat the same as Confdential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Supplier shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 4l. NO CONTINGENT FEES: The Supplier warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Supplier for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Supplier, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Supplier, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the Supplier to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Supplier in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected offcial of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shal) have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Supplier shall render the Contract voidable by the City. The Supplier shall complete and submit the City's Conflict of Interest Questionnaire (Attachment B). 44. INDEPENDENT SUPPLIER: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Supplier's services shall be those of an independent supplier. The Supplier agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Supplier or any employee of the Supplier, and it is expressly understood that Supplier shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. 45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Supplier and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Supplier without the prior written consent of the City. Any attempted assignment or delegation by the Supplier shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefts on any person, firm or entity not a parly hereto; it RFP 5584 being the intention of the parties that there are no third party beneficiaries to the Contract. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relie£ Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days a8er receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Supplier agree to act in good faith in the selection of the mediator and to give consideration to yualified 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 frst mediation session. The City and the Supplier will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken RFP 5584 provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable, in addition to the specific federally funded requirements. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Supplier, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Supplier, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or RFP 5 5 84 (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 Supplier shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the So]icitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded supplier or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the supplier. 59. PREVAILING WAGE RATES: All suppliers will be reyuired 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. http://www.access.gpo. �ov/davisbacon/tx.html 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Supplier must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Supplier shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Supplier shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees. Supplier is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Supplier's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The supplier shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug- free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the supplier shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Supplier and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any RFP 5584 performance pursuant to the Contract. The Supplier shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Supplier shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Supplier will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either 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 Supplier shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Supplier shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Supplier shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between the PO. I�,�"P documen# suaalier terms. drawinas. specifications, construction document, or contract; the terms and conditions set forth in the Citv of Denton General Conditions and the neqotiated contract shall rp evail• RFP 5584 Exhibit C City of Denton RFP for the Supply of Electric Meters, CT's, Meter Sockets, AMI Equipment �-CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ �'��^��rt�c�t� a�^ other��r��a��r �Vt�a��M� busiiw�� kC� 1c��:s��rv!��,�rr��V��1_�u�tlu� F .�.,,..W_ _. ..��..��. � �� This qucstionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. ��,�,I�� '� "�"l�i� questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Dete Received who has a business relationship as defined by Saction 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176A06(a). '""„� �`" By law this questionnaire must be filed with the records administrator of the local government entity not later t.�ti��a the 7th business day after the date the person becomes aware of facts that require tlte statement to be filed. See Section 176.006, Local Government Code, „��"'" ,� A person commrts an oon is a Cl e pe��on�kno�wm��l violates Section 176.006, Local �aw�w�� p�eAr��;�� ,�ii�. �,n . . � gY offense under this sect ass C ��__m 1�Name ��'person who t��w a t�mr;�dness �° � � g ntit � tNut�UA��Iu� � w�l1t local overnmental e y A�� "��..,.��_.�,,. .��_ �� ,.m� �� Cfieck this box if you are filing an update to a previously liled questianoaire, �� (The Iaw requires that you file an qaG��atc�i completed qucstionnaire with the r��:��ra �B;a�� tP��t ��u��aaan;�ffib�r �i��c! ��a��r�t�n�r�r�ra�i�� N��csxa��u�,�; i��u�u�a��t,: ��r a�pT��w�°a�a�rx�tl��a'� �" � �r'dyu authority not later than the 7'� business day after the � Name of local government officer with whom filer has an employment or �tM;��cr�� r�6�:tla�n��i�. �",�� ..... �_ w�.. �.... � � C��q � of Officer � ,� This section, (item 3 including subparts A, B, C& C7�, ��w �*� c��'a�M�aqak��cN for each officer with whom the filer has an employment or other business relationship as defined by Section 176.00�f(� �wy't,.�r�°'�;�V ��+�rr�r�� Code, Attach eddltlonal pages to this Form Clfl as necessary, A. Is the locaf government officer named in this the filer of the questionnaire7 �.__...� Yes �...�,��! receiving or likely to receive taxable income, other than investment income, from B. Is the filer of the questlonnaire �+�t:��v�� or 1lkely to receive taxable incomep other than investment income, from or at the direction of the local government officer n�a��:c,�t� this section AND the taxable income is not received from the local governmental entity7 ��p �� U Yes �� No C. Is the filer of this ��p�„��t1�rr��i ��r°� employed by a corporation or other business entity with respect to which the local government officer serves as an officer a�r;��irc��;.��ru or holds an ownership of 10 percent or more? �-�� No D �t�.;�a�rak��„,��i�'�� affiliation or business relationship, �..w�� aature �a�l er...�on e��+� tl�aa�it��,s� �ri�R�d tN�� governme� .. � � �_ � p s ntal RFP 5584 - Main Document RFP 5584 Date Page 15 of l6 Exhibit D � ,,;;� POW�R S�?LU710NS � 2800 Qua!! Run Dr, Ste. 100, Corinth, TX 76208 RFP#5584 - RFP FOR THE SUPPLY OF ELECTRIC METERS, CT'S, METER SOCKETS, AND AMI EQUIPMENT FOR THE CITY OF DENTON Inside Sales Scott Price Phone: (940)270-7243 Fax; (866)617-9147 david.price@hdsupplv.com Outside Sales Jason Leake Phone: (940)765-4255 jason,leake@hdsupplv.com District 5ales Manager Daniel Brown Cell Phone: (806)549-7681 Office; (940)270-7289 Fax: (866j617-9139 daniel.brown@hdsupplv,com For more information, please visit: https://www.hdsupplvpowersolutions,com/site/lo�in.aspx �,��t%�,��:"n.�, � C r�� :� �'� �� I'�� Respondent's Company Name: HD SUpp�Y POWef SO�UtiO11S Exhibit D RFP 5554 - Pricing Sheet for SUPPLY OF ELECTRIC METERS, CT's, METER SOCKETS, AMI EQUIPMENT The respondent shap comple[e the following sec[lon, whfch dlrectly co�responds to the specljlcatlons. The con[ractor sholl nof make chonges to [hls jormat. Product N�r'+� aa��t�l Pri�'�r�q� (I'=�� 78��'6N�T'i�9��, ° Estlmated ItBtTI tI � EST. ANNUAI Product Descrlptlon Delivery ARO 4rv UOM Unit Prlce Extended Price (Days) �,,,..-�,,_....� ._,��.., _. ��a��.��,��.,.�,.,.�.,..,W.m,��..,,._.� �. �,,,», �,, �m��.�.�»». S��T��N A- EL��T�I� 1�9��"�R3 with Trilpant Secure Mesh NIC caM �•„„,„�„w,„„' �,�,�� ,, �„� .. �,�.. .._�,w � ____.�.�.�..,��.____ �_._........�.�...��,�.�._.., ��_,.�.�,� ��,;�,,..�,.......� � 2 10 EA Meter, Sin�le Phasp, Class 100 120V 2 wire, 1s S 134 Oo ,$ 2 680 00 8 10 Weeks ....�1 .� 2d EA __ Meter Sin„lePhase�........�,..,��,...�.,..,�.�,,.,,�..��_, �,,�..._r.._..�..,� � .. ,�,...��..._..! ��_.�..�.. R R _.�., , ' Class 100, 120V, 2 wlre, 1s, w/ kW Demand $ 139.00 I$ 1 390 00 B 1U Weeks .......m�,,... ...�..�_��..,..�....._.�.�s ..,.�w........N.......�.�..._....._._.��.. �. .._.....�.�.u.�.......�.__�_��.._.._.��.�.... .�p..� 3 7,000 EA Meter, Single Phase, Class 200, 240V, 3 wire, 2s with Disconnect under the cover $ 142.00 $ 994,OQ0.00 8-10 Weeks � ...�.... �,...�....� �._ �...�.�.,�._._.A �.�.�,� d�,�d„»..,w.,. �n .�.s.__. _..�._.._....�..��.......�._....� � _. � � �� ....._ �440 0 ��W._ �� - ' ` S 139.00 $ 2,780.00 8 10 Weeks 5 40 EA Meter Sm le Phase Class 200, 120-480V 3 wire, 25 w/ kW Demand $ � 31100 $ 12 $10 00 8 10 Weeks . m � � �b 510 _EA Meter Single Phase Class 200, 240V, 3 wire 2s w kW Demand_ 13100 6 2 0 E C w M e t e r, S m l e P h a s e, C l a s s 3 2 0, 2 4 0 V, 3 w i r e, 2 s ....._ � � - .�.�_ ,______m_ s.. . ...... � �� w� . u. 7 40 EA Meter, Single Phase, Class 320, 120-480V, 3 wire, 2s, w/ kW Demand $ 139.00 $ 5,560 00 8-10 Weeks ��. B mw._...�� ..�« .�.�..._... �.,�,�_� �.. �...�......_w_.�__.� &10 Weeks Meter, Single Phase, Class Zp 120-480V, 3 wire, 4s, w/ kW Demand S 311.00 $ 6,220 00 mW_� ��^^ S3M�, ��m m EA under the covehase, Class 20, � 0, 120-480V, 3 wlre, 12s/25s with Disconnect 4 30 F.A g 311.00 $ 9,330.00 I 8-10 Weeks ��.�... _...� . a,��aaamwe.e.e.naa...�w.��.�.__�..�_..._...�.......�....... ��.._ _.....��.,,�,.�.....�_._._._�.._.�m..��.��_._�.� - �..�... „�, 10 40 EA Meter, SinRle Phase, Class 200, 120-480V, 3 wire, 12s/25s, w/ kW Demand $ 31i.op S 12 440.00 8-10 Weeks ..��..�b �w�_ ....�._._._ .�� ,., - _.w�.�� .�..��..�.._�._ �p �. ._.»�,� a a 300 k�F� Meter, Three Phase, Class 200, 120-480V, 4 wire, 1S-16s, w/ kW Demand $ 311,00 $ 93,300,00 8-10 Weeks µ..�,�„.�.._...._.� _ ,�.. �.. �,.,,�� _.__ . .� ..�.�� ... _ 12 48 EA Meter, Three Phase Class 320 120-480V, 4 wire, 15-16s, w/ kW Demand $ 31100 S 14,928 00 8 10 weeks _ � .,.,�. � �....._�_.�..�.�m.,�..�..� �.�..�_.��.� �.��.�..�_�..�,�,,.� ._ .._ . ...... _.. 1 13 200 EA Meter Three Phase, Class 20, 120-480V, 4 wire, S 9s, w/ kW Demand $ 31100 5 62,200 00 8 10 Weeks .. _,_� ,_..W.� _.�...�: ._�. .�.�.... _ . � �.. ��..� .,�_ ��.�.. 4 Option: KYZ Pulse Initlator 8oard $�� 61.00 $ 6100 2-4 Weeks �...„�,�.�.. �._._.��.� .� ��"g"��I� �-,��V"�J�N�+��M �AE7ERS _ 15 �i� F:A � �� ,�� ^�� 27,100.00 B-10 Weeks 15 W�m� ITmmmIT� Ty�� Option: KYZ Pulse Initiator Board 5 61,0o mm$ 51,00 � M��°,, Thr�� Ph�se� Class ��, 120-480V 4+ndip��„ �4-��, Ic�J6d, kW/kVA Demand S 422.Oq ........�....� 2-4 Weeks ,��ww.. ....�,� Iw/capabllity to totall.._..�_ ............._.. � w�.._�..�..�.... - .._.... . . ��._.._.__....._�... IMeter, Three Phase, Class 20, 120-480V, 4 wlre, S 9s, kW/kVA Demand, 17 4 EA Ze pulses S 489.00 � 1 956 00 8-10 Weeks � � �.�, .��.��..,..�� .�._ ... ,,� __�. .._ .._. ._..�...__..� 18 EA Option; Phone Modem �� S 172A0 � S 172.00 2-4 Weeks �ryry19 EA Option: KYZ Pulse Initiator Board (min 2 sets of pulses kW/kVA) $ 95.00 mm �m�IT� �� ... �.�.._�.�.�.. .� __ .� $ 95.00 2-A Weeks �9�+ryr�y�Ynryp*w�yvervr+��we �.�.�.,�,��.�„�,a ,.�m, � � �._.� � ,�m �w 'Vi71 �\i- �M1w��?.i� p. 1ali+k� '�'�.r.'M«i�W'�"N w�., : . .: .,,. . . . �..: .. . r,'T, A�,'J4N�N .....�.«�., .�_ . ......._....�.... ,M... . �.. .,_ �,...�.�.....W_�.. �.m.. Socket, Ring-less, 6 Terminal, 20 amp, One piece cover, Closure Plate, Seven 'I� 20 40 EA Pole Test swltch(Milbank #TS07-0105 or equlvalent), Pre-wired with DME's color-coded wirin� dia�ram for a 45 meter S i8�.00 $ 7,aso.00 4-a weeks . ... ��,�.,_..�_.�.�� .�m.M ��,�� .M,.�.�� ». ,,...�,.�...�.._.��__.__....� ��.a� �_....m..W...�.�.,._�.._ ��,� Socket, Ring less, 13 Terminal, 20 amp, One piece cover, Closure Plate, Ten 21 120 EA Pole Test switch(Milbank �kTS10-0109 or equivalentj, Pre-wired with DME's color-coded wiring diagram for a 8-95 meter $ z15.0o $ 25,8ob.o0 4-6 weeks � rv� ��, ��'�iR�� D• ��d�N�,��'� ��1��'f�i��dA�T�i" �wT�'� T��Aw1�'��dl��R�� ! � ... _�....�...� _:. �� Current Transformers; 600 volt, over-bushin t��e 200:5, AN51 mete �� -- a B Yp r 22 60 EA ccuracv class .38-0.1, ratln� factor of 4.0 @ 30 C. 5 68.00 $ 4,�80.00 ' 4 Weeks �.�� WWW�WWW µ�m�IT�m� CurrentTransformers:600volt,ov�� er-bushing type 200:5, ANSI meter �'� m�' 2:3 60 EA accuracy class .3B-0.1, rating factor of 4.0 @ 30 C. Extended range (4%-4fl� at .6 accuracyl $ 73.00 µ^S �4,380.00 4 Weeks � I .�.,��....��.,..36 E._�. � � .��g �p .�,��. �.�.. �..��. _...� .. Current Transformers: 600 volt, over-bushin t e 300:5, ANSI meter A a.ccUracy class .38-0.2, rating factol' of 4,0 @ 30 C. S 68.00 �$ 2,448 00 ' 4 Weeks �m",� ��mITmmW�� M w' Current Yr�tl�sf�rm�rs 640 volt, aver-bushing type 300;5, ANSI meter a�a� � m,��m�� .�� --�MW � m��Y II 2.:a 36 EA accuracy class .38-0.2, rating factor of 4,0 @ 30 C. Extended range (4%-40% at 6 accuracy) � 5 73.00 $ 2,628 00 4 Weeks � ....e _.. �..aww�... __...._.�....�. -A � ,,,,,,,,�,, ,�,.,�,, e„,.�,��.,m�,�.�� _n..�..�� ,_,..�..,. z6 36 Eq �urrent Transformers: 600 volt over-bushing type 400:5, ANSI meter accuracy class .3B'-0.2, ratlnK factor of 4.0 @ 30 C. $ 68.0o S 2,449,00 4 Weeks � �m..._......��.._..�,�,,� �,�,,,�..�..�.�...�.. ,,,� ,,...��._...�.......�.�-� .n ._............_._��..�.�.�,.��...��___....�._..��_. Current Transformers; 600 volt, over-bushing type 400:5, AN51 meter 77 36 EA accuracy class 38-0.2, rating factor of 4.0 @ 30 C. Extended range (4%-40% at .6 accuracy) S 73 00 S 2,628,00 4 4Veeks .�.�..� � �.�,__www...w.� ......... _....._..�.��.._._.�..� - -_.� _...� ......_.�,._�..��.,..�..�.._._..��...��.....�.... ZB �� E� Current Transformers: 600 volt, over-bushing type 600:5, ANSI meter y g r of 3.0 @ 30 C S 68.00 $ 816.00 4 Weeks _ .... _..�.� m.�.Y._.�� accurac class ,38-0,5�, ratin facto �....� �.. ��.._.....� m.�,�,_�..�,�._....�..� _...�,.�.�.�,.� �..�......_._ __ �.._.�._...�W �..._._... Current Transformers: 600 volt, over-bushing type 600:5, ANSI meter J9 12 EA accuracy class .36-0.5, rating factor of 3.0 @ 30 C. Extended range (4�-40% at .6 accuracVl 5 73,00 $ 876.00 4 Weeks ...�.._.... -��.� �........ ._ ��_ accueacy cl ssF 3 B-0.2, 6at�ng facto ro f3 0@ 30 Ce._.m � �.�._ ...�.�., _, ,.._�.... ...._. �,.. .M» �....� I 30 lZ F�p, 800:5, ANSI meter $ 68.00 S t316 QC� 4 4Veeks .�w.._......_____.... m �.._�.�h.:,. Current Transformer�... �.,�..� _ n.,,,,,_.n�Y�.�..�.��,w�.._ �W....�_��....� �.�,,,,o�.� ,� .. _.r,.,....,wo�_�a...w�.�.. µ�� mm m�s: 600 volt, over-bushing type 800:5, ANSI meter 31 12 E64 accuracy class .3B-0.2, rating factor of 3.0 @ 30 C. Extended range (4%-40% at .6 accuracV) S 73.00 $ 876 00 4 Weeks ,��,.� e�..,_e _,�.aw�n �. �..�..� �.�.eee�. o, �m_. ... ....� .....�...._..�. ,� —�,,,,,�....,�.�... „..�.... „„ «<�, 32 6 EA Current Transformers: fi00 volt, over-bushln t e 1000.5, ANSI meter S 408 00 4 Weeks accuracy class 3B-0.5, rating factor of 2.0 @ 3d C. 5 mm�w� w_ „ 68 00 ,� a __....�.F�#°�� a��4_. �,.�,.�. ��, . ._..... _��_.�..»�,�_�...�._��., .�. � �� . .. _ ..o��... ....�._. �I�i��Xx Respondent's Company Name: HD SuppCy P'Owe1" SOIUtIOns Exhibit D RFP 5584 - Pricing Sheet for SUPPLY OF ELECTRIC METERS, CT's, METER SOCKETS, AMI EQUIPMENT The respondent sfiall complete the following secllon, whlch direcfly corresponds to the speclflcatlons. The contrac[or shall no[ make changes to thls formaf. Product ��rr��sa�� f�rk�i�r . ,('��ti� DESTINATIONJ: Estimated Item # I Esr. nraNUA� Product Descriptlon Delivery ARO 4rv UOM Unit Prite Extended Price (Deys) Current Transformers: 600 volt, over-bushing type 1000;5, AN51 meter 33 6 EA accuracy class .3Ei-0.5, rating factor of 2.0 @ 30 C, Extended range (4%-AO°� 6accuracV) .._...�..___......��m.�, �.�.5 �� Cu uracy�class .38-0.9, rating factor of 2.0�@ 30 C. �� $ �� 6s.o0 S�� aoe.00 n weeks mm�� rrent Transformers: 600 volt, over-bushin t e 1200:5, AN51 meter 94 6 EA acc � �� Current Transformers; 600 volt, over-bushing type 1200;5, AN51 meter�� 35 6 Ff� 'accuracy class 3B-0.9, rating factor of 2,0 @ 30 C, Extended range (4%-40% at .6 accuracVl $ 70.00 $ 420.00 4 Weeks ' 36 6 EA Current Transformers: 600 volt, over-bushing type 1500;5, ANSI meter ..�_�.._,w m . ��.�.�._._..__....._��_�_. 408.00 4Weeks �� accuracy class 38-0.9, ratln� factor of 2 0@ 30 C,w � $ 6$'o� s„m„�mm ��. Current Transformers: 600 volt, over-bushing type 1500:5, ANSI meter 'D7 6 Fda accuracy class ,38-0,9, rating factor of 2.0 @ 30 C. Extended range (4%-40% at .6 accuracv) $ 70.00 5 4z0 00 4 Weeks �. �..._._.: .�....� .�,,, �,, �..,,��. „,,�,�,,,g�g��._� .�..._........_ . ..... .... ...._.. . ��. � g�Yp._...._�..... ..... � ��.,,� 38 6 EA accuracv class .3B-1,8, ratinR factor of 1,5 @ 30 C. 5 �� 68,00 �� W Current Transformers: 600 volt, over-bushin t e 2000:5, AN51 meter $ 408.00 , 4 Weeks �� CurrentTransformers 600volt,over-bush �� "'�� _ _ ��..�..��__�._.. Ing type 2000;5, ANSI meter 39 6 EA accuracy class ,38-1.8, rating factor of 1.5 @ 30 C. Extended range (4%-40°r6 at .6 accuYacy) 3 70.00 $ 420,00 4 Weeks 40 36 F.A Current Transformers: 100:5 ratfo, 600 volt, window type. 2.5" wlndow, ANSI meter accuracv class .3B-0.5, ratin� factor of 4.0 @ 30 C, $ 77.00 $ 2 772 00 4 Weeks �� Current Transformers: 100:5 ratlo, 600 volt, wlndow type. 2.5" wlndow, ANSI � �� I 41 36 EA meter accuracy class 3B-0,5, rating factor of 4,0 @ 30 C, Extended range (4% 4Q% at .6 accuracyj $ 66.00 5 2,376.00 4 Weeks .eA �� . � . �� ._�. EA � „CurrentTransforme..., �.. �_.. .....��.m_... ��,.�,,,,,.�... _ �.�.� ,��,,.� � ��w YP rs: 200:5 ratio, 600 volt, window t e. 2.5 window, ANSI ' 4,200.00 4 Weeks meter aecuracv class .3B-0.5, ratinR factor of 4.0 @ 30 C, S 70.00 5 I .�� W�mmmm�� V��m��u Current Transformers. 200:5 ratio, 600 volt, win � '"��WWW" � F��MM��. ��M,�,w��W�WW�Wm.�� v��Q dowtype. 2.5" window, AN51 '�&;� 60 EA meter accuracy class .38-0,5, rating factor of 4,0 @ 30 C. Extended range (4% ' 40% at.6 accuracy) S 66.00 $ 3,960.00 4 Weeks �F� 36 EA Current Transformers: 300;5 ratio, 600 volt, window type, 3.0" wlndow, ANSI �� mmm� �� Current T ansformers3 00;5 ratlon 600 volt fW� 0 0 30 CeExtended�ran'e 4%.I 5 �i/V„✓��mm �0.0o S �,520.00 a Weeks 45 36 EA meter accuracy class .3B 0.5, rating factor of 3. C� g( .� '40% at .6 accuracy) __w�_�M �, �w.�..__..m_, ..._.__._I..S ��...� ��.. ._ 66.00 , x.�_�ww. 2 376.00.., 4 Weeks...__�... 46 6 EA Current Transformers: 400:5 ratlo, 600 volt, wlndow type, 3,0" window, ANSI Meter accuracy class 3B 0.5, rating factor of 4.0 @ 30 C. S 66,0o S 396 00 4 Weeks ._WW�. .. ��....�,�.,,�.. ..�....��..._�..�.�....._�..yP �. ,,.�_._�% _......� ...__. v„��_ ..� �.��.W_. Current Transformers, 400;5 ratio, 600 volt, window t e, 3,0 window ANSI 'ITITmm�� 67 6 FFa Meter accuracy class .38-0.5, rating factor of 4.0 @ 30 C. Extended range (4% 40% at ,6 accuracy) $ ss OD S 396.00 4 Weeks .�. ��., .� �_.._...� ��,��.�_ ��,�� ..:�. �, �.��..,��.�� _..�.a.�.»..�� ,,.�.,_..�.,... ..,..�,.. �� I� ��TI"�� E- 6��1d4��,��'� ��'T"��?�M��" RATED TRANSFORMERS ��,�.IT Voltage Transformers; AN51 accuracy class 0.3 thru Burden Z, Thermal Rating �� 6 �� 1500 VA at 30 degrees C amblent, 8400;120 voltage rating, single bushing, m µ ITmITITmmmmm�, 110 KV BIL�Aaa TVpe VOZ-11M, Part #7525A91G07 or equal� �� 5 � 770,00 *� 4,620.00 6 Weeks -GE _��_._. .... � Current Transformers: AN51 accuracy class .3 thru B-0.5, 110 KV, BIL, 13,800 49 6 ��' nominal or 15 KV acceptable � 600.00 $ 3,600.00 6 Weeks - GE .... 5U 3 E.A �� 15:5 ABB Type KON-11 ��.�,�",�,� _.�_ .._.��.��_�... .�... ._ __�..._.� �� __......._.. _...m� , Part #7524A25G02 or equal $ 600.00 5 1 eoo 00 6 Weeks-GE ^51 � 3 �� EA 20:5 ABB Type KON-11, Part #7524A25G03mor equal �� mm �W�� M��m �� $ 600,00 S 1 500.00 6 Weeks -GE _.._ .. _..�. .....�.�.�... � w_..... „„, � � . ..... a � 3 CA 25 5 AB6 Tvpe KON 11 Part ii7524A25G04 or equal 5 600.00 5 1,800.00 6 Weeks - GE _..� ,,,� � ._ .. �� w� �._..��._.� ITITITmm ITITITITITITITIT�IT mm�� ,r��)5 or equal $ 600 00 5 1 800.00 6 Weeks - GE . YP ._...� _ �. .... � ____... . � � � � � 0�5 BB T e KON-11 Part #7524pZ5G06 or equal $ 600.00 5 1 s0o.0o 6 Weeks GE �S � 3 EA I50 5 ABB Type KON-11 Part a7524A2 �� w _ � � , A yp 5G07 or equal $ 600 00 S 1 800.00 6 Weeks GE 56 3 EA ,.,�,.�..�. �. �_.��,,,,,._'., ..._ .�..__m..��,a„�.w �.�n_..ee � ...� .�. �..�,, .. m�� ~„��mmm��I100:5 ABB Type KON-11, Part 117524A25G09 or equal '� 600 00 5 1 800 00 6 Weeks GE .,..�...�..�. � .�.�,.,_ '�� mw..w.v . �_w._�. _ �.�.�.,.�»�,��....__ _.�� .�..�,�.,, ._..��.��m��,�,rc.,_ �..._W__.� .,._ _ �.m 57 3 F 6t '200:5 ABB Type KON-11, Part tt7524A25G11 or equaf 5 6U0.00 5 1 800 00 6 Weeks - GE �W..�. ...��.��,�,.,�w ��_ �.� i �� ,a,�,� �._.._-.�. m„� � � ��_ww_._�„�. w. ...w _.._ � '��T�i�� ' "M"�YG_�;��,N"1° ��GUV�� M��6�d AMl ��&.NNt�'�FM'��"� 1 ,._�� _W _ � ,.�,�, �,., ��. '��,7ri�.�.�,.�..,,�..��.�„�w,�....�...._... _�.�.�..��,,,�,�,�_....___,�.� _,w..��o.�M..Po� .. . ..�.�„ �� .w. ._. ��____� �_.. 1 F� P�� Iliant Secure Mesh Ext�ender Bnd.g�. ,.... ��_.�....�w..�....._._..�..�.�...�__ �....�.__�.� �._.9 237 00 ��,5 _......_...9 237 00 � 112 ,„Uu . ...... �w ............... ��..�.._ 112 � � �$4 �TrillianY Secure Mesh Re eaters 5 610 00 5 610 0o I�mm „�,� � - Respondent's Company N��c�7�; b�C� ��I��r"� ��"+�'��" �"��^, Exhibit D RFP 5584 - Prlcing Sheet for SUPPLY OF ELECTRIC METERS, CT's, METER SOC�C�T�, �k9"�I Cq�'��`I"Vi�N'"�' The respondent shall complete the joflowlnp sectlan, whlch dlrectly corresponds to the speclficatlons. The contracto� shall not make chanpes to thls jormak I�'r+�c�u�� 1'''�'�rt��at��i I��i�irw�� L� f7�'-��I`4f�'J�T1�1��'; Item �J ', esr„�rarv�r�,ti� qTY UOM 66 �� k;Au �d"51�415:'� �'i„�'SCk'��'S'�':��.7�YE rrt �ecure C�e�N� csumecee . Dellvery AR0 unit Prlce ext�nded nrlee (Dey:l $ 9.8„�+4�.t�p j $ 18,649.00 112 �Cvs¢ �r4 P�r�d�r�ts �/��rM�eus�..n �. �.�,_____� ,�..�� $ 1,436�223,00 Payment Term Dlscounts Payment terms for the Ci4y of Denton are typically 30 days. Please Indicate the addltional discount extended to eech monthly Invalce that is pald within the tlme �a�rl�c� Ir��l�� ks� N�rw� Palc� k'�� 'U Pald �n 15 Peld dn 10 "NOTE: PRICING SHALL INCLUDE ALL COSTS TO DELIVER QOODS AS SPECIFIED FOB DE371NATION. RFP 5584 Check when Comrrol�t� � �I Exhibit D City of Denton RFP for the Supply cf Electric Meters, CT's, Meter Sockets, AMI Equipment SOLICITATION CHECKLIST Task to be Completed by Respondent Exhibit 1 1°r�+�Na� ��t .....P .�.�... ��N�+��r Exhibit �� ,�¢�u��l Prov�s�� .... ..... ... _ �m��_w _. �.w �..� o, �.. �� ' rms and Conditions � 'ons and Te __. _..�� , ,r� and Pl n�s �� -�at� .. . f Wo_Te�chmcal � ��r.��a�� e�. , ReviewExhibrt4 _,Techn�al �,�a�� a� � .. ��.��1+�� __ ............� . Submission ofExh�brt 5—FTP Site Form (�t z��a��1��lal�;� mm�_� Re�� _ ----- _, .... � ._ view Exhibit 6 — Federal_Grant 1��.��a�mswrr��, �� I�� i�� _ , . ,, �.o��v�.�_ �rw ;�i��t � .�.�.� __,�,,. . ._._ _�. _.� ___— �.... ._,_��.�........ _ ..n , ._�.. ��1��l�t�ua��ro z��r��sl�� . __ .„a��A�t�.. �.._..... U�._ ......_ _..._—. __ �;a�� n��t��e .... ... Firm�....._ _ _ _ ---- � � � name 1 t��n�.. _�_ _ _ ��._ _ .. _....... .ti . _ _------- �aeld��ss .... .............. J� _ _... ...�m ......... ........ . .. ......... .. ..� . — �...... M � Contact name _.._ ... ....m.._.m... _ Contact a��p��a� � ,m....... 1�_�_.._� e�� ,.��.....�.�._ .�......�.��__�.�....��._ m....... �...em_ � ,. �WL'�ll��t�'�� ii,� � ._ ee. � ...... ..�.,m �mm _�.. ��_— �.._. — Website �c��r�� ,.�Con�..... ....��...__ �........... .. ... .._ .�.��...� ...�.� ... ..._ — .�� tact email address "��q��. .�.._ _....... ,r_�.. �.�� m. — � � �E�i��rt �"��.�I��'i�C AtCachmant A Bus � ...� .�...erv� �m�. .._ _ _...._� �._w.u. � � �, m .,o ......� ��—..�.� ��w� ��.. ness Ov iew t„�� w�i,��aa�m��a�� .._ �)��a�xr��r�t �.�.. ,,,_._ � _ _., �� fir�� r��1,� i�nz��mr�r�sn� ti�uM�Mlid��r�t��,�� i�a��a�� ) w.�..� . � Detail to w��a��t evaluation �,�alc��,�� w_ w�_ .. Attach�ment C ��a�t r Rec�� ,�*�a�t��r°� �t��co,.,.. . n w ....` � .. ..._ ord t��q�� w�a�w��r��r��, t� � � �1��.�� _._ _ �.. .�� .... � _ I l � � � �� .a....em _ _ . __� .... r"�1��c�xa��r��; � f�.c�;,f�A°��a�� "c�r°�a _�..�. ....m.�. ..wee_� ��, �......,. .. ...�— ......� �� ,.�. ,�t��t��e�� G C:�t��.oflnterest �"��w��awr��i��. Form .� mx,� _ �w., . � �. �i��hx�� " r�c��s��r��v��a�i'...� ..��..�_. �.�,.... . One (�� c�d c�� su nission �d�„r��:�'N. l'�.��.��1��,�aar��i �r�'4�� in the order +� �� a��cY ,��.��n�r��w ��c� �r��,r�� uf 1�c��tcl r ..,.�W � .,.._m� _ .;._ .� ,r �. �_.._�,..., � � Ele tronic submis ion ��f re ponse via computer memory devica or email to � �...�'� �,a��Nr��dr��.1.3� ..... m...,, .�...��n�1��a+�N� �a�Ja��e��......u.�_ � ,W �,r �� ti Eanail pt��i�� she�i {i�,�liib[f� 1'� to ��;��P��S��a� c�a�� Submit response, with tabs marking each sectian, in the following order: RFP 5584 - Main Document Page 10 of 16 RFP 5584 Exhibit D City of Denton RFP for the Supply of Electric Meters, CT's, Meter Sockets, AMI Equipment ��I��-BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS 1, Contractor Legal Name (for contracting purposes): �,(� s� f,� /� 2, Subsidiary of: N�4 3. Organization Class (circle): �� r �I��,� � ,�;� Corporation Individual Association ��Wt�.��'. �. ..m . 4, Tax Payer ID#: �(o — Q f 0��.�� 5. Date Established: �953 CT�s�(t, �hc .} 6, Historically Underutilized Business: Yes o� 7. Does your � ��y have an established physical presence in the State of Texas, or the City of Denton? �"�s xM No, in which? T'� S ._ �� yL.�+, �� 8. Please provide a detailed listing of all products and/or services that your company provides. 11t�l '�/ii9e P�eC.iS''!� �C,�j �i 1�y Lt��s�Yil�7�r �� j?� S'J'�� ''i��s 1�D Qss;st W�'7�i �i•►�+-;a,�y cLawl seccrr�dcu�� /l.tef�►`� 4i'p��ai.s Has your company filed or been named in any litigation involving your cotnpany and the Owner on a contract within the last iive years under your cu.rrent campany name or any other company name? If so provide details of the issues and resolution if availabl0. Include lawsuits where Owner was involved, �p 10. Have you ever defaulted on or failed to connplete a contract under your current company name or any other company name? If so, ��vhere and why? Give name and telephone number of Owner. �o 11. Have you ever had a conCract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). NQ 12. 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 activrties� 9uCt�a...�J��v�^��,:��A�� a��"��l'�,r��frc��-�;e�,a�� ,�sMS��.,,�1�r�c�,r":fN?:.�c�c��.��."�°��"�... "�°I�°ii�d'��1�93�<��_��'��:�, ��v�;�—��,�.a�v�.adD��.—,�� RFP 5584 - Main Document Page 11 of 16 RFP 5584 Exhibit D , City of Denton RFP for the Supply of Electric Meters, CT's, Meter Sockets, AMI Equipment 13. Resident/Non-Resident Bidder Determination: Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident iirm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders' state. In order to make this determination, please provide the name address and hone number of: a, Responding iirms principle place of business:,?fiDV �•c�� /%14h � ST� I o n Co ri h'� � /1� %�.2(� � b. Company's majority owner principle place of business: �fR c. Ultimate Parent Company's principle place of business: ,�/ov Ccck,�e,�� !3/v��. �1� r�, G�9 30 3 3 9 26. Provide details on how firm meets the minimum qualifications stated in Section 3; including copies of professional licenses (Additional attachments may be included for reference). �/9 �f �a�� 27. Provide details to support the evaluation criteria, including experience and delivery, ��a� ��/ RF'P 5584 - Main Document Page 12 of 16 RFP 5584 Exhibit D Services Provided by HD Supply (Response to 27 on Business OvervlewJ HD Supply Power Solutions is a full-line electrical utllities stocking distributor specializing in low, medium and high voltage equipment. HD Supply also offers turnkey automation solutions and employees two electrical engineers out of our Corinth, TX office. HD Supply has managed several annual blankets for the City of Denton in the past, to include fault indicators and Burndy splices and lugs. In addition to the City of Denton, HD Supply has handled similar annual blankets for City Public Service in San Antonio and lubbock Power and Light in Lubbock. For those two cities we have managed numerous transformer, pole, wire, hardware and automation blankets and projects. We currently manage the following blankets and agreements: CPS —Transformers and miscellaneous hardware items City of Lubbock—Steel poles, S&C Reclosers and metering equipment City of San Augustine — All automation and metering set needs on demand, with delivery within 48 hours CoServ Electric (co-op) — On-site alliance partner, provide all dally materials and special equipment Sharyland Utilities—On-site alliance partner, provide all daily materlals and special equipment Lamar Electric - On-site alliance partner, provide all daily materials and special equipment Bird Electric (contractor) - On-site alliance partner, provide all daily materials and special equipment Centerpoint Energy—On-site alliance partner, sole-source distribution Oncor Energy—On-site alliance partner, manage materials and warehouse logistics City of Brownfield — Daily material bids and tool blankets Additional experience information and references are available upon request. �`�", �� .� ��" A ��d'��' �»��,� .F�' m»�. "��. n..N� w,�� w�� Daniel Brown Dlstrict Sales Manager RFP 5584 Exhibit D City of Denton RFP for the Supply of Electric Meters, CT's, Meter Sockets, AMI Equipment ��A�T�-SUBMISSION EXCEPTIONS Any exceptions taken to this solicitation must be itemized on the lines balow. Additional pages may be added as needed. If there are no exceptions, please sign where indicated at the bottom of the page. Item # llescription °?3 „� �g �"` ... ... ��"_4,�� '�w� :��,� �� .�" �,r ��......� �� _ �.� � ��;��'"�" � . m^� �� ..��r�"�� a��"a dµ� ..!��5 .� ._. � �� „ S ��1�.. ��.,�,..�....��y��,�..*.'��.,. � ,� � � � " � �„�� d' �� " �� ..e�... .... ...., �...��^'��. ,��"��,�;�d"�w�,� �"�s�� +�. � �" a�" ��<.� M. _ �.,�.�� ... � � — ��..'�.. e ..m. .._a"��""�` � c��`�"��;' �,w.� d �" ��". �" �:, � �,.... � "�'� �� :AN a�,r�� " � �� "�� " �� m+r �s � � ��..� "�, �� n.�� .,. �"�' � _ � � �. ,..� .m� �,. � ,�y � .� �� '� a� �"�� a � � e � �"d ,�r,�,y � o , . _..""�...�. _m,.:, ,......� . .�._., .,n„e, ..,,. ,_ �.... �,�.�'.w��m... .« �.�� ""�mmam, a'� ;,f�.""J�;`�"'��.» ............... .._....... _. ..�a....,, .. ............ ��.�� ' � � .. .., � �� w �r rcw r � �u� � � � � � &�` � . � �� . .�.....�. .. �" $ . .r. .. �., ��" �„ °�� "�" r�� , ..�..,.....,., .... �r ..,,�. __m ..� e .,.d a ��. , .....n„� .,�,..�.... .� . � ...,,,,.,.�... ,._n.. .- ....---• � � I ��....�� ..� . �, ,... p.� �� '��"'� �'�"fi � � ��w�� r� "`��" �� w� �"`�4�" � � � �.,��...� �, 1'� �� ' �"� w , ... . .w. �n..� � .�. �� ... �� e9� _ _ _,v�._ _�+ � ;"°�, � ...� . ,, � ... � �"�,�" � � �:ro �. �� P "r�.� ,��N��.�a� � '��"'d ��. ��...�., ...,, �.�.,... ........ _ .�m...� ---- ., _ ... e . ,�... � � �� . �",�» � r ,��..� �� . ...� ... w.. �� °� �� `�� °�� .. �"��t�rroN��aa}� No Exceptions taken to this solicitation. S ignature Company ��, �� . .. Date Date RFP 5584 - Main Document Page 13 of 16 RFP 5584 � ��.. Technical Info ccontinued� Exhibit D Standard IEEE C57.13.6 Accuracy 0.30 C� BX.X; RF4.0 0 60 �` 0 30 � 0 �5 �.J � � �,.�,� � � � �� 0 60 �.�......�....�. � 0 3 Accur�ey Reg�n b, , � ; �1 ° �,..�.��. �,,,..� .�� rv...,� �..,�., �.�..��g �� .m�,,,�._._� �b� 4 696 � � � � ; , , V , ' 3%ec�araty � , , w,� �,..�,..��„�_�. Regoon y��'s`��,.�,��..W� �ia� .��.� �m �C��"� � � , � B � � � a � � a x " xen m�..�www .� r+vroorrr�ui�w;w.�».��+� .�+m�� . . iimi.i�mmrm�� tl A q E � p � R n r G y u , � � , , � r � i �o� �,� zo �� aa R�ting Fact�r GE ITI Encompass Accuracy 0.30 CcD BX.X; RF 0.4 - 4.0 �� ,��, ��, � � � � � � U 60 - � + �,° � 0 694, � ��rrv�� . ��&u ��c.6,�� g �� r R��r�r � w " , ....�,��.. s ��. �.�.�.�.� �. .� o,��.�.. ,,m� _ � , 0 30 w.o �, � R� �,��ow.�_... � � 0 15 N �' , , „ _ � . y B . � �� u�e��N�r ��°a�m ;��"N�°'�o �'��'n �°a��"�ka r � , 015 � � u � � 0 0 3� � ��.w,,..,,,�,,�a��p ..�.�.��.� �e�...�� . ��m..,.��»,,,�.�.��,.�� w � e.�,,�.� � �, �� i M a W. r � y o ,� 0 b0 � ' m �. � ��_ � a w „ ° � � p i .�. �.�4 2.a� � �9 �.d9 ��K��i� �c�c�:��° � y � F., - • + : •'� � � � �; � �.. �s; ' �- � 1 1, ,+ � r� The fTl Encompcass current 4ransformer will m�t�r at U3% IEEE C57,13 accuracy over o rating factor (RFj range as large as 0.4 to 4.0 This is a secondary current range of 2 amps to 20 amps. The requir�d IEEE C57,13 rating a410% is met at d.2 amps on the secondary 11094 of 2 amps, the fawest RFI, and in i�ct, [he Enc�mposs C7 will hold 0.695 accuracy down to 4% �f rated curr�nt. ,, , r � 1 + ,; +, , � ♦ ! r � � � � , � y � ♦ -� � �ry r, �,+ � �,: R i 1 1�. � ��. * 1 F.. w+ #., , � i 1 '.'.� � �ptf�n 1: St�nd�rd JA��OC 200;5 w/RF of 4,Oo 0,6°!o accuracy from 20 to 200 A, 0,39� aecuracy from 200 to 800 A, �ptl�n z: Ene�mp�ss JA�mOV�/ 500:5 w/R� �f 0.4�4.0: 0.6°lo accuracy from 2o to 206 A. 0,39� �ccuracy from 200 to 2000 A. Even a� a low ratio of 200:5, th� Encompass meets 4he stnndard on ihe low current side �nd more than daulales the performance at higFser eurrent. RFP b5&4 www•GEDigitalEnergy.com Exhibit D City of Denton RFP for the Supply of Electric Meters, CT's, Meter Sockets, AMI Equipment � : _ � � ►:�.i�111�1_,��re�,_. Please list three (3) Government references, other thait 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 solicitation. l."R�.��:r��.lard'4V�:�..k4.� '�f4�4VAA� GOVERNMENT/COMPANY NAME: L4.5�� n� G LOCATION: .��"�.��e�°:� ��,,_�� _........__�—.�w_w_... _ _ _.. .�.��_� ��..,.�_e.��°�m��.��,�'��.".��e _ . ......... �._m� CONTACT PERSON AND TITLE: ,w � �, _� �y., . --m----. � � m� � TELEPHONE"C�d�,��w��":'��f�: _��`��.,�;��.�'� ��w---�_.. .. ....,.�... ..�.... .. ..�. �. ..._.w_....�...... ... SCOPE OF W�RK; ...��`�'.��'� �o, ... ,✓°��"r��.�".�� ±��.ww.,..c��,��,�"�..�.... �" � .��'�.�� '�"..�*�,.� �..�"��'��µ�,'��""�....4 CONTRACT PERIOD. .��,�r� _�.��'��....��".�^`��o-..,.��+�.� �"..._ ... _ �....w�.� . ..� . ._...�,._..�_�_ . � _...w._�.... ....n._........ � . �_ ��"T"F�',1�,C�� "�""�°C.� GOVERNMENT/COMPANY NAME: �'QR�-� �D�� G/��r 1,i".��:"��`1'fl�°�1: .,e..._�� ' _m..�� r?��. ..��......... .�._._. __._...�.mww_ ...��..��w .� ��....��.� .��.,,._e.....��_.e.� .......mm.... ��.......... � �"�,� �+��..... �__ __ i:�N'�"��;"'�° ��i�sT��<��i �u"�i'�'"'C t"["1 T�: � ��,,�,a��:.W ��c��::.�e._._...�'��..�. ��"��.��??.� �.�.�.._ . �e. _ , '�"€M;1��'��C71'��a��.1�1"�i1�I:}^�:,M.�.��'�� '� � .. �� .�. ..�..,�.__��.._..._.......___ �_ .�. —.�..�.��..��...�.m_ .... � ........ w�..�,�� wnw ��_...,,�� SCOPE OF WORK: ,��'�"�""��'",��'",�"��.... ��"�:�'.�`'��"�. .� �.�...,,��..��"��',.��.,��: ��,��'"i�_,�`�"m�'� �.,�.�'rem �"� ��'�"",'�,.. ,�.. CONTRACTPERIOD �:��e „��,��.��,�.��..�� ._..�., a.....�a,, .,�___�....... . .�,�_.. w._�mm ..., .�. RE�ERENC� THREE ' ��,;.,;�,� , , i��; , , �' �,. c� � i�' , ;il,� �; . LOCATION; .....��?'�� ?� ��°�" �'":�.. ?� " _ �' ____ ...�.V .. � � _ �.,,.. .. .._ � ..�.�_, �. _ _ ,,, ..��. .......� - . __�.�_� .....,,, e....._,,,_._.. CONTACT PERSON AND TITLE: , � � �a� �� w� ��. �� "�� ..... �. .e. _ �.......,...�_�.�_._�._.._.�...��..� .._ ....� ......... �� "� � _ TELEPHONE NiJMBER: m.._ �„ �'�+ µ��_' �.�..��"�"..__ --u . . ..__ �� ._ -- ... ......� he.... _..... .�._.�.��..m�u��. ... SCOPE 4F WORK. ,,. ,w��;��"`�7�"��....... �. r'"�+�� »'�'-��`�'.".,?��u�l.�.,, +�k, � a.,��s..:� �"�"�,��.��"��;�_.�..�'�.�'� �"�',..��' ��.�d.�.:�.. . ....�.�...... . �.. CONTR.ACT PERIOD: _ �.��"�+�'_� �.ww�..... .��_��..�� .. .a.�__...r..�..�._., ... . ..�n._.,n ..�r �......... �_ ... ..� �._..... � .� RFP 5584 - Main Document Page 14 of 16 RFP 5584 Exhibit D City of Denton RFP for the Supply of Electric Meters, CT's, Meter Sockets, AMI Equipment �'K�X�A��F-ACKNO W LE D GEMENT The undersigned agrees this submission becomes the property of the City of Denton after the offcial opening. 'I'he undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, haudiing and storage of materials and equipment; and all other matters that will be required for the work before suhmitting a response. The undersigned agrees, if this submission 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 specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted. The undersigned afftrms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contcnts of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptanee of this submission, Respoudent heraby 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 se ., and which ai•ise under the antitrust laws of the State of Texas, Tex. Bus, & Com. Code, Section 15.01, et sea. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electronic copy of the specifications and/or prici��g sheet (Exhibit 1), without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: http�//www.citvofdenton.coni/index.aspx?pa=Ee°397 to ensuce they have downloaded and signed all addendum(s) required for submission with their response, I certify that I have madc no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am. aware that the information giv�n by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. Acknowledge receipt of following addenda to the solicitation: Addendum No 1 Dated ��' .. ,_ Received - Addendum No 2 Dated ��_ Received _ .. Addendum No 3 Dated �� Received IYAME AND ADDRESS OF COMPANX: ,�'t .� S1.11�/'�,�!/ .��.�"�t`_ ��l.�Trt��! S a?8'l�D C1i�A/� �Pu�J C�� 57� lav �, ��"��"��.��:"�, �' ��.,. .�� "�� . Tel, No ��'�""��' d;��.�,�.��".�� _— __ _�....._.... ' ll. a�"��a�/ , �s��i . �r��a��s��,�"�^� . ��._--- __�__ ...... �m�..�. m..�,. _ RFP 5584 - Main Document RFP 5584 AUTHORIZED ��, �;�� r ��wi�`��1TIV E: � Sy� yry�yy9pyps � � µ� Np'py N.��GA.�LlLW.MYP'�M+'. �m.,.,.,��..d�.MJ.��" �A�..�wa � ��, � m �� Date � ti... �.. ��.. �m _._ .._�.. _...... A. �. e.,� Name a _,,�'"��J�'� �".�_.�� . � ��w,�� 1 ............ . . . ... Title �'��"��.,r'�m:S'��ES.../��NR�E/� � Fax N o. ��'�"�� " l„� �� ....._.. LL.. Page 16 of 16