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2015-058WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for precast concrete pull boxes for Denton Municipal Electric in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, 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 5747 Oldcastle Precast $2,000,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5747 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. PASSED AND APPROVED this the 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY -z 1771�_ day of _ �GU Ck- 2015.. _.��,._.._ A'ISAT I ` MAYOR CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND 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 (a) Special Terms and Conditions (Exhibit "A") (b) City of Denton's RFP 5747 (Exhibit 111111 on rile at the office of the Purchasing Agent) (c) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C"). (d) Supplier's Proposal. (Exhibit "D"); MMMMN IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY y APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:^ RFP 5747 SUPPLIER BY: ., . AUTHORIZED SIGNATURE Late: Name: t 11 CL & Title: c0 .' s Kc , "? 0 q -3 013 L9 I - j PHONE NUMBER r - 5 - q 0 O FAX NUMBER CITY OF DENTON, 1, VS v �drc BY: , GEORGE '. CAMPBELL, CITY MANAGER Date+ 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 bid price. Individual purchase orders will be issued on an as needed basis, Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's representative as needed by the City. Contract Terms 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 The City will implement an escalation/de-escalation price adjustment annually. The escalation/de-escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the annually percentage change in the manufacturer's price list. The price adjustment will be determined quarterly from the award date, Should the change exceed or decrease a minimum threshold value of +/-I%, then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the supplier or the Cities responsibility to request a price adjustment annually in writing. If no request is made, then it will be assumed that the bid price will be in effect. The supplier must submit or make available the in.' inufacturers xnq= sheet used to salculate the bid Proppsal, to Participate in the escalation/de-escalation clause. Ralive e i e Product or services shall be delivered to the City per the days/weeks noted in Exhibit D after receipt of the order. Exhibit C City of Denton Standard Purchase Terms and Conditiol 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City -UMMM, The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 el seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). The City will furnish a tax exemption certificate upon request. 14. TRAVEL EXPENSES: All travel, lodging and per them expenses in connection with th* f, Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During thio BFSWM 20, WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 3:rauSffq1T-n1C7MFC;1 Ilia VL11C1 pal-L! lor 71r, 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. Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All Lights and remedies remedy provided by law. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. City of Denton Materials Manaaement Det)arLQ&.0 I 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 RFP 5747 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. information so as to permit the City reasonable time to seek >< »t w < \ » protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its © business to protect its own most valuable information, which protective measures shall under all circumstances be at the Confidential Information, 39. PUBLICATIONS: All published material and written reports «4« ?®d under «:<t? must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior 19201014 � 'N 4 not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. 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 Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 111111111111101,111 K LW'' M INAMM nnnnniaoaab I 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 • 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. S'1RVIVABILITY 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 RFP 5747 list. D. The Contractor shall deliver only domestic end 'products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent, 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/�ontracts/dbra.htm and at the Wage Determinations website www.wdol,gQv for Denton County, Texas (WD-2509). 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property RFP 574 7 Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City's standard terms and conditions Purchase order C. Supplier terms and conditions MFUNWA Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ _ For vendor or other person doing business with local governmental entity .. _....... ___...._...._........W This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental mm ........ ..... � ..__.._.......�� entity.. Check this box if you are filing n update to a previously filed questionnaire. �. � Y �... �. gp p Y (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`h business i day after the date the oriainallv filed auestionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? E,,,,,,,J Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? El Yes No D. Describe each affiliation or business relationship. .... EP4 I have no Conflict of Interest to disclose. 5 - -- wwwww ........................... . ._......... - ............... ....� a Signature of person doing business with the governmental entity Daic RFP 5747 EXHIBIT D BOXES Oldcastle Precast Mansfield, TX EST COD Item Extended QTY # Unit Price Price Substation Precast 5ft w/ Torsion Assist Lids and Cable Racks $ 3,780.00 $ 302,400.00 Manufacturer & Part Oldcastle number offered above Precast Distribution Precast 2 30 EA 54070815 5ft w/ Standard H-20 Loading on Torsion Assist Lids and Cable Racks $ 3,780.00 $ 113,400.00 Manufacturer & Part Oldcastle number offered above Precast Distribution Precast 3 6 EA 54070810 5ft w/ Optional Heavier Loading on Torsion Assist $ Lids and Cable Racks 4,130.00 24,780.00 Manufacturer & Part Oldcastle Precast (60 Kip number offered above Distribution Precast 4 10 EA 54070805 5ft w/ Standard H-20 Loading on Torsion Assist $ Lids and Cable Racks $ 2,535.0 0 25,350.00 Manufacturer & Part Oldcastle number offered above Precast Distribution Precast 5 6 EA 54070800 5ft w/ Optional Heavier Loading on Torsion Assist $ Lids and Cable Racks $ 2,695.00 16,170�00 Manufacturer & Part Oldcastle Precast (60 Kip number offered above Delivery: first load (5 boxes) 28 days, balance one load per week Optional Pricing: \. Add $595 per 4x6 unit for Optional "Slip Not" Surface k/meet .50oo6fioimot friction io areas uubJectk` foot traffic, 2. Add $425 per 3x5 unit for Optional "Slip Not" Surface to mom .50 coefficient friction in areas subJectm foot traffic, lillifflo"