HomeMy WebLinkAboutContract 54003 CSC No. 54003
�a
RECEIVED tIO RT WORTH
JUN 1 "r 2020
CITY OF FORT WORTH
CITY SECRETARY
CITY OF FORT WORTH
PURCHASE AGREEMENT BASED UPON AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND FORTERRA PIPE &PRECAST
WHEREAS Section 271.102 of the Texas Local Government Code allows Local Governments to pursue
mutually beneficial and cooperative purchasing programs; and
WHEREAS, pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of
the Texas Local Government Code, the City of Fort Worth (City), a Texas home-rule municipality and
the City of Grand Prairie have entered into an Interlocal Cooperative Purchasing Agreement on February
25, 2005, which provides that when the one of the Local Government Entities enters into a contract with
a Vendor for goods and services, the other Local Government is able to enter into a Purchase Agreement
with the Vendor under the same terms and conditions offered to the Original Local Government Entity so
long as the Vendor is agreeable (copy Attached as Exhibit A);
WHEREAS Forterra Pipe &Precast and the City of Grand Prairie entered into a Purchase Agreement on
November 6, 2019 for concrete pipes and this Agreement allows other Local Governmental Entities to
enter into a Purchase Agreement with Vendor under the same terms and conditions (copy attached as
Exhibit B);
NOW THEREFORE, City and Vendor each of which will individually be referred to as a "Party' and
collectively as the "Parties entered into this Purchase Agreement by and between Forterra Pipe &
Precast ("Vendor") and the City of Fort Worth, ("City");
The Parties agree that any references to the City of Grand Prairie in Exhibit B shall be construed as the
City of Fort Worth for the purposes of this Agreement and all rights,benefits,duties,and obligations shall
inure to the City as if the contract in Exhibit B were originally executed between the City and Vendor.
This shall specifically include any requirements imposed on Vendor by virtue of a City of Grand Prairie
Ordinance included in Exhibit B.
The Agreement includes the following documents which shall be construed in the order of precedence in
which they are listed:
1. Exhibit A— Agreement between the City of Fort Worth and City of Grand Prairie;
2. Exhibit B— Contract(including Pricing)between the City of Grand Prairie and Vendor
for Concrete Pipes identified as Contract No. RFB 20003; and
3. Exhibit C— Conflict of Interest Questionnaire.
OFFICIAL
ILA-FORTERRA#20003
Page 1 of 38 FT TRf
Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.Vendor agrees to provide City with the services and goods included in Exhibit
B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits
thereto. In the event of a conflict between Exhibit B and this Agreement or Exhibit A,then this Agreement
and Exhibit A shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit B and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall
be in the amount of Forty Thousand Dollars and No Cents ($40,000.00). Vendor shall not provide any
additional items or services or bill for expenses incurred for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses
in writing.
The term of this Agreement shall begin upon its date of execution and end on October 31, 2020.
City shall be able to renew this agreement for 4 one-year renewal options by written agreement of the
parties.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent documents and records of Vendor
involving transactions relating to this Agreement.Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities subject to Vendor's reasonable rules and regulations while
at Vendor's facilities, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits,and all such audits shall be conducted on regular business days during Vendor's regular
business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities.
City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they
are admitted to such.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
ILA-FORTERRA#20003
Page 2 of 38
To CITY: To VENDOR:
City of Fort Worth Forterra Pipe &Precast
Attn: Jesus Chapa, Deputy City Manager Bart Dooley, Sales Manager
200 Texas Street 1000 N. Macarthur Blvd.
Fort Worth, TX 76102-6314 Grand Prairie, TX 75050
Facsimile: (817) 392-8654 Facsimile:
With copy to Fort Worth City Attorney's Office at
same address
[SIGNATURES FOLLOW]
ILA-FORTERRA#20003
Page 3 of 38
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
�esu�C By signing I acknowledge that I am the person
By:
Chapa(Jun ,mzo 13so coT;v responsible for the monitoring and administration
Name: Jesus Chapa of this contract,including ensuring all performance
Title: Deputy City Manager and reporting requirements.
Date:
APPROVAL RECOMMENDED: By: cS/ Gc�l. G� Cl
Name: Sh abya Bergffind
All Title: Buyer I
d zeno(Jun 11,z 3:oa CDT) APPROVED AS TO FORM AND LEGALITY:
Ly Name: Reginald Zeno
Title: Chief Financial Service�s,QffiGer
r"'
. . .. z.
ATTEST: 1® F;�jararis(Jun 11,202013:34 CDT)
Name: Taylor Paris
1— Title: Assistant City Attorney I
V '4 U
By: `� �'•. CONTRACT AUTHORIZATION:
Name: Mary J.Kayser M&C: N/A
Title: City Secretary
,s
VENDOR:
Forterra Pipe&Precast ATTEST:
By:
G'ait-TJea�,
Name: Bart Dooley By:
Title: Sales Manager Name:
Date:
^9 ZC� Title:
OFFICIAL RECORD'
CITY SECRETARY
ILA-FORTERRA#20003 FT WORTH,TX
Page 4 of 38
EXHIBIT AYSECRETARY '
Copra :ACT NO. f
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND THE CITY OF GRAND PRAIRIE
THIS AGREEMENT is made on th.t-day of February 2005, between the City of
Grand Prairie, State of Texas, and the City of Fort Worth, Texas, each referred to herein as
participating governments.
WHEREAS, the respective participating governments are authorized by the Interlocal
Cooperative Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and
agreements for the performance of governmental functions normally associated with the
operation of government such as purchasing of necessary materials and services;
WHEREAS, it is deemed in the best interest of all participating governments that said
government do enter into a mutually satisfactory agreement for the purchase of certain materials
and services for the City of Grand Prairie.
WHEREAS, the parties, in performing governmental functions or in paying for the
performance of governmental functions hereunder shall make that performance or those payments
from current revenues legally available to that parry;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and
condition contained herein and pursuant to the authority permitted under the Interlocal
Cooperation Act,promise and agree as follows:
i 1.
Purpose
The purpose of this Agreement is to authorize participation of the City of Grand Prairie in
the City of Fort Worth's goods and services contracts. Participation in this cooperative program
will be highly beneficial to the taxpayers of the City/Town through anticipated saving to be
realized.
II.
Duration of Agreement
This Agreement shall be in effect from the date of execution until terminated by either
party to the agreement.
III.
Relationship of Parties
It is agreed that the City/Town, in receiving products and/or services specified in this
agreement, shall act as an independent purchaser and shall have control of its needs and the
manner in which they are acquired. Neither the City/Town, its agents, employees,volunteer help
or any other person operating under this contract shall be considered and agent or employee of the
City of Fort Worth and shall not be entitled to participate in any pension plans or other benefits
that the City of Fort Worth provides its employees.
Nothing in this agreement shall prevent any participating government from accepting and
awarding bids for commodities subject to this-agreement individually and in its own behalf.
ILA-FORTERRA#20003
Page 5 of 38
IV.
Purchase of Goods and Services
All products and services shall be procured by the City of Fort Worth in accordance with
procedures governing competitive bids and competitive proposals.
The participating government will be able to purchase from those contracts established by
City of Fort Worth where notice has been given in the specifications and successful bidder has
accepted terms for Cooperative Purchasing Agreement for local governments.
The participating governments hereto agree that the ordering of products and services
through this agreement shall be their individual responsibility and that the successful bidder or
bidders shall bill each participating government directly.
The participating governments agree to pay successful bidders directly for all products or
services received from current revenues available for such purchase. Each participating government
shall be liable to the successful bidder only for products and services ordered by and received by it,
and shall not,by the execution of this agreement,assume any additional liability.
The City of Forth Worth does not warrant and is not responsible for the quality or delivery
of products or services from successful bidder. The participating government shall receive all
warranties provided by successful bidder for the products or services purchased.
event that any dispute arises between individual participating government and a�
successful bidder, t�sae s a een to ear o icer thereon
that day and the yeaabo
In the event that any dispute arises between individual participating government and a
successful bidder, the same shall be handled by and between the participating government body and
bidder.
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by
their authorized officers thereon the day and the year first above written.
CITY OF GRAND PRAIRIE CIT OF FORT WORTH
C—�2 BY: Ta rQt),Ma r`, ,//a : Charles Boswell,City Manager
/brr7 ror) ./ ,- ac7y ��F / /" ,1, qFr
Attested By:
ath .ine DiMaggio,City Secretary
D1arty Hendrix
City Secretary
APPROVED AS TO FORM:
I
Donald ostell,CityAtto contract Authorizatio"a
Amy J Ramsey
ILA-FORTERRA#20003 Dale
Page 6 of 38
Assistant City Attorney
RESOLUTION NO. 4054
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE CITY OF FORT
WORTH, TEXAS FOR THE PURCHASE OF MOTOR FUEL
SERVICES; TO BECOME EFFECTIVE UPON ITS PASSAGE AND
APPROVAL
WHEREAS, the City of Fort Worth makes available to area cities the services of the
successful contracts based on a cooperative agreement; and
WHEREAS, the City of Grand Prairie wishes to utilize the contract services available
through the City of Fort Worth's motor fuel services contract;
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAND PRAIRIE,TEXAS
SECTION 1: That the Cooperative Agreement with the City of Fort Worth to permit the
City of Grand Prairie to utilize the City of Fort Worth's contract for motor
fuel-services is hereby approved.
SECTION 2: That the City Manager is authorized to execute the agreement hereby
approved on behalf of the City.
SECTION 3: That this resolution shall be in full force and effect upon its passage and
approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND
PRAIRIE,TEXAS THIS THE 15'DAY OF FEBRUARY,2005.
APPROVED:
Mayor, Grand Prai&4 Texas
ATTEST: APPROVED AS TO FORM:
retary City Attorney
ILA-FORTERRA#20003
Page 7 of 38
{j�• � 1} :� Contract Coversheet
T E X A 5
Dept:* Purchasing Contract 19166
ID:
For: Public Works Bid 20003
Number:
Contact Arlgi Mize Contact 8262 Contact amize@gptx.org
Name: Phone:* Email:*
Vendor Forterra Pipe&Precast Vendor bart.dooley@forterrabp.com
Name: Erna!I:
Project Name: Concrete Pipe(2020)
Summary: initial contract with 4 renewals;contract has red lines
Permanent Retention
r: Yes r No
Contract Amount Total Contract Amount over all terms
$ 60.000.00 5
Account# Work Order#
Dates
Implementation Date Termination Date Council Approval Date
111612019 10/31/2020 11/5/2019
Contract Approvals
Department Manager:
cxrm,,;Pw 6wert Date 11/18/2019
City Attorney Signature
Gate 11/25/2019
City Manager Signature
0 ,lwe?.10�/ Date 11/25/2019
City Secretary Signature
t`:r�/rtrrP 3 i�'�Jir r? Date 11/25/2019
CONTRACT for COMMODITIES PRICE AGREEMENT
CITY OF GRAND PRAIRIE
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
THIS CONTRACT is made and entered into this date by and between the CITY OF GRAND
PRAIRIE, a Texas municipal corporation (hereinafter referred to as the -CITY'), and
FORTERRA PIPE & PRECAST (hereinafter referred to as "VENDOR") and evidences the
following:
1. PURPOSE
VENDOR shall provide concrete pipe per bid award resulting from VENDOR'S response to RFB
#20003, submitted by Bart Dooley,on October IS, 2019.
H. DESCRIPTION
A. VENDOR hereby covenants and agrees that VENDOR is to work closely with the CITY's
Public Works Director or their designee, and/or other appropriate officials of the CITY, and
that VENDOR is to provide commodities to fulfill the purposes of this Contract.
B. VENDOR and the CITY covenant and agree that VENDOR shall provide commodities as
contained in CITY specifications and VENDOR'S bid to the CITY (attached hereto as
"Exhibit A"); said document being part of this Contract and incorporated in its entirety
herein. The parties agree that should there be any conflict between the terms of the
incorporated document and this Contract, the provisions of this Contract shall control. The
parties understand that quantity of commodities to be furnished to the City is an estimate and
that the City may order more or less depending on the projects and the work of the City that
requires the commodities. The price of the commodities shall remain constant throughout the
term of contract.
C. VENDOR expressly covenants and agrees to provide the CITY with such written reports or
documentation of guaranties as may be required by the scope of the submittal.
III. DELIVERY
VENDOR or VENDOR'S associates and employees, or VENDOR'S contracted carriers, shall
deliver commodities as ordered in this Contract. VENDOR hereby covenants and agrees that all of
VENDOR'S associates and employees and VENDOR'S contracted carriers who deliver
commodities under this contract shall be fully qualified to undertake same and competent to do the
work required for delivery of commodities under this Contract. VENDOR further agrees that all
commodities delivered under this contract shall be delivered in new condition and shall match the
specifications of this agreement.
ILA-FORT
CONTRACT FOR PRICE AGREEMENT-RFB#2000- in g #20003 Page 1 of 6
If the commodities are not available from VENDOR or VENDOR defaults on promised delivery,
without acceptable reasons, or commodities fail to meet specifications,the City reserves the right to
purchase commodities elsewhere and charge any increase in cost and handling to defaulting vendor.
IV. TERM OF THE CONTRACT
"I'his Contract is for an initial term of one year with the option to renew for four additional one
year periods. This Contract is effective as of November 6, 2019. No new orders shall be
accepted, against this Contract term, after midnight on October 31, 2020. Contract shall
terminate upon completion of all requirements for orders placed by said date, unless the parties
mutually agree in writing to extend the term of the Contract through allowable renewal option,
or, unless otherwise terminated as provided in Paragraph XVI herein. The parties shall evidence
the renewal in writing, with any additional terms set out in the said writing.
V. PAYMENT
The CITY shall pay to VENDOR a sum not to exceed those unit prices,or percentage discount from
list price where applicable, in the quote for the purchase of commodities designated herein and in no
event shall total payments under the base contract exceed $60,000.00 without additional approval.
Invoice must be delivered to the attention of the department placing the order. Payments will be
made within 30 day of receipt of goods or invoice, whichever is later. Payment may be made by
means of a City issued check, an ACH, or with a City issued Procurement Card (Mastercard) if
orders are placed on a secure website offered by vendor. Such website must have the capability
to charge the items awarded to their company at the accurate unit prices/discounts submitted and
vendor must be able to provide usage reports upon request.
VI. CONFLICT OF INTEREST
VENDOR hereby covenants and agrees that during the Contract period that VENDOR and any of
VENDOR'S associates and employees will have no interest nor acquire any interest, either direct or
indirect,which will conflict in any manner with the performance of the services called for under this
Contract. All activities, investigations and other efforts made by VENDOR pursuant to this
Contract will be conducted by employees or associates of VENDOR. VENDOR further covenants
and agrees that it understands that the Code of Ordinances of the City of Grand Prairie prohibits any
officer or employee of the CITY from havuig any financial interest, either direct or uidirect, in any
business transaction with the CITY. Any violation of this paragraph which occurred with the actual
or constructive knowledge of VENDOR will render this Contract voidable by the CITY.
ILA-FORTERRA#20003
CONTRACT FOR PRICE AGREEMENT-RFB#2000- Page 2 of 6
N"ll. WA RItekNTY,HOLD HARMLESS,AND INDEMNITY
VENDOR warrants that the commodities it delivers to the CITY shall be delivered in a good
and workmanlike manner, and that any items delivered to the CITY under this contract
match the contract specifications for a period of one (1) year after delivery. To the extent of
VENDOR'S proportionate liability, VENDOR shall defend, indemnify, and hold the CITY
whole and harmless against any and all claims for damages, casts, and expenses to persons or
property that may arise out of, or be occasioned by, the execution or performance of this
Contract or any of VENDOR'S activities or any act of commission or omission related to this
Contract of any representative, agent, customer, employee, sub-vendor or invitee of
VENDOR or any representative, agent, employee, or servant of the CITY. If an item is
covered by a manufacturer's warranty, it is the responsibility of the VENDOR to obtain the
information for CITY and to get the manufacturer to honor the warranty.
NOTWITHSTANDING THE FOREGOING, THIS AGREEMENT IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT
NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF ANY
OTHER OBLIGATION ON THE PART OF THE SELLER.
VIII. INSURANCE
Prior to the commencement of work under this Contract, VENDOR shall prior to the
commencement of work under this Contract, obtain and shall continue to maintain at no cost to the
CITY, in frill force and effect during the term of this Contract, a comprehensive liability insurance
policy with a company licensed to do business in the State of Texas and rated not less than "A" in
the current Best Key Rating Guide, which shall include bodily injury, death, automobile liability,
worker's compensation, and property damage coverage, in accordance with any CITY ordinance or
Directive.The minimum limits for this coverage shall be$1,000,000.00 per occurrence 1 $2,000,000
aggregate for general liability and for property damage, and $1,000,000 combined single limit for
automobile liability unless modified in accordance with any ordinance or directive. If this Contract
includes Professional Services, the VENDOR shall also obtain and shall continue to maintain at no
cost to the CITY, in full force and effect during the tenn of this Contract a professional liability
(errors and omissions) insurance policy placed with a company rated at least A-IX by Bests Key
Rating Guide, authorized to do business in Texas, in an amount not less than$1,000,000. The CITY
shall be named as and additional insured under such general liability & automobile policies, and at
least thirty (30) days prior notice of any material change in coverage, non-renewal, or of
cancellation of such policy. VENDOR shall provide a waiver of subrogation in favor of the City on
all coverages except professional liability. VENDOR shall furinish the CITY with original copies of
said policies or certificates evidencing such coverage prior to commencement of any work under
this Contract.
IX. NO VERBAL AGREEMENT
This Contract contains the entire comnitrnents and agreements of the parties to the Contract. Any
verbal or written commitment not contained in this Contract or expressly referred to in this Contract
and incorporated by reference shall have no force or effect.
ILA-FORTERRA#20003
CONTRACT FOR PRICE AGREEMENT-RF B#2000- Page 3 of 6
X. VENUE
The parties to this Contract agree and covenant that this Contract will be performable in Grand
Prairie, Texas, and that if legal action is necessary to enforce this Contract, exclusive venue will lie
in Dallas County, Texas.
XI. APPLICA1311', LAB'S
This Contract is made subject to the existing provisions of the Charter of the City of Grand Prairie,
its rules, regulations, procedures and ordinances, present and firture, and all applicable laws of the
State of Texas and the United States.
XII. CONTRACT INTERPRETATION
The parties to this Contract covenant and agree that in any litigation relating to this Contract, the
terms and conditions of the Contract will be interpreted according to the laws of the State of Texas.
XIII. NOTICES
All notices, communications mid reports under this Contract must be mailed or delivered to the
respective parties at the addresses shown below, unless either party is otherwise notified in writing
by the other party:
CITY:
City of Grand Prairie
ATTN: Angi Mize, Sr- Buyer I Purchasing Division
326 W. Main Street, Grand Prairie, TX 75050
PO Box 534045,Grand Prairie, TX 75053-4045
Phone 972-237-8262 . Email purchasingfax@gptx.org
City of Grand Prairie
ATIN: Dane Stovall, Streets
1821 SH 161, Grand Prairie, TX 75052
PO Box 534045,Grand Prairie, TX 75053-4045
Phone 972-237-8256 Email dstovall@gptx.org
VENDOR:
Forterra Pipe & Precast
ATTN: Bart Dooley
1000 N. Macarthur Blvd., Grand Prairie, TX,75050
Phone 972-260-3682 Email bart.dooley@forterrabp.com
ILA-FORTERRA#20003
CONTRACT FOR PRICE AGREEMENT-RFB#2000- Page 4 of 6
XIV. SEV ERAB ILITY
In the event that any one or more of the provisions contained in this Contract shall for any reason be
held to he invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Contract shall be considered as
if such invalid,illegal,or unenforceable provision had never been contained in the Contract.
XV. TERMINATION
The CITY may, at its option and without prejudice to any other remedy to which it may be entitled
at law or in equity,terminate further work under this Contract, in whole or in part, by giving at least
thirty (30) days prior written notice thereof to VENDOR with the understanding that all services
being terminated shall cease upon the date specified in such notice. The CITY shall equitably
compensate VENDOR, in accordance with the terms of this Contract for the services properly
performed prior to the date specified in such notice following inspection and acceptance of same by
the CITY. VENDOR shall not, however, be entitled to lost or anticipated profits should the CITY
choose to exercise its option to terminate.
XVI.NONDISCRIMINATION
As a condition of this Contract, VENDOR covenants and agrees that VENDOR shall take all
necessary actions to insure, in connection with any work under this Contract, that VENDOR or
VENDOR'S associates, sub-vendors, or employees, will not discriminate in the treatment or
employment of any individual or groups of individuals on the grounds of race, color, religion,
national origin, age, sex, or physical handicap unrelated to job performance, either directly or
indirectly or through contractual or other arrangements. In this regard, VENDOR shall keep, retain
and safeguard all records relating to this Contract for work perforned hereunder for a minimum
period of three (3) years from final contract completion, with full access allowed to authorized
representatives of the CITY upon request, for purposes of evaluating compliance with this and other
provisions of the Contract. VENDOR verifies that it does not "boycott Israel" as that term is
defined in Tex. Govt. Code §808.001,and will not boycott Israel during the term of this contract.
XVI. LIMITATION OF LIABILITY
IN NO EVENT SHALL VENDOR BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL,OR
CONSEQUENTIAL DAMAGES,LOSSES,OR EXPENSES, INCLUDING LAST PROFITS,
ARISING FROM THE SALE, HANDLING OR USE OF THE PRODUCTS OR FROM ANY
OTHER CAUSE OR BREACH, INCLUDING BUT NOT LIMITED TO,BREACH OF
WARRANTY OR NEGLIGENCE.
ILA-FORTERRA#20003
CONTRACT FOR PRICE AGREEMENT-RFB#2000- Page 5 of 6
XVII1. WAIVER OF ATTORNEYS FEES
VENDOR and CITY expressly covenant and agree that in the event of any litigation arising between
the parties to this contract,each party shall be solely responsible for payment of its attorneys and that
in no event shall either party be responsible for the other party's attorney's fees regardless of the
outcome of the litigation.
EXECUTED this the day of 111- 512 0—7 0
CITY OF G ll P IR1E,TEXAS FORTE PE CAST
Y
By: By:
Alma Do 11, Deputy City M�i nager Printed
Name:
ATTEST: Title: jL
�Cly l:.�DtMa�ggio, City Secretary
APPROVED AS TO FORM:
Megan aha ity A torney
CONTRACT FOR PRICE AGREEMENT-RFB 420003 Page 6 of 6
Exhibit ]A ����
Dream Big Plain Harm
CITY OF GRAND PRAIRTE,TEXAS
REQUEST FOR BH)S �
r
IU,'B#20003—Concrete Pipe
DUE DATE: PRIOR TO 2PM OCTOBER 21,2019
DUE TO:Eingi Mize, Sr.Buyer
Purchasing Division
326 W. Main Street(FedEx or UPS)
USPS not recommended
Grand Prairie,Texas 75050
CLEARLY MARK BID AS "RFB##20003"
Late responses will be uno ned and not accepted for consideration.The City of Grand Prairie is
not responsible for lateness or failure oftimely delivery via mail(whether delays are
internal/external),carrier,etc.Please ensure you allow time to provide your response timely so that
you may be properly considered, EM M L BIDS WILL NOT BE ACCEPTED.
P FB#20003 Concreie Pipe
ILA-FORTERRA#20003
Page 16 of 38
Table of Contents
ADVERTISEMENT FOR BIDS ..............................................................................................3
1. PROJECT SCOPE.................................................................................. ..................4
2. REQUIREMENTS........................................................................................................4
3. CONTRACTOR�UALIFICATI[1N5.........................................................................4
4. PAYMENT AND INVOICING.....................................................................................5
5. PROCUREMENT SCHEDULE...................i...............................................................5
6. CONTACT.....................................................................................................................5
7. BID EVALUATION......................................................................................................5 {
S. SUBMITTAL RCSPONSE GIADELINES ..................................................................6
i
9. AGREEMENT TERMS AND AWARD.......................................................................6
SOUC'_ITATION STANDARD TERMS AND COND.1'rIONS...............................................7
SUBMITTALFORMS............................................................................................................10
RFB#20003 Concrete Pipe 2
CITY OF GRAND PRAIRIE
ADVERTISEMENT FOR BIDS
Sealed bids will be received at 326 W. Main Street, Grand Prairie, Texas, until October21,2019
at 2:00 PM,and publicly opened and read at that time for the purchase of the following:
BID##20003 —Concrete Pipe
Further information and specifications may be obtained at www.bidsync.com, www.gptx.org, or
from the Purchasing division at(972) 237-8262.
The city reserves the right to reject any or all Bids and to waive formalities. The city also reserves
the right to purchase these items through state awarded contracts or other interguvernmental
agreements when it is in the best interest of the city. '
Publish: October 611 &October 13112019
RFB#7.0003 CowrPtg Pipe 3
1. PROJECT SCOPE
It is the intent of this specification to obtain an annual price agreement for the purchase of
reinforced concrete pipe by the City of Grand Prairie Streets Division.
2. REQUIREMENTS
2.1 Reinforced concrete pipe shall be purchased in diameters of 12" to 60" for the
following applications;
2.1.1 Culverts
2.1.2 Storm Drains
2.2 Reinforced concrete pipe must meet or exceed the following ASTM specifications:
2.2.1 ASTN4 C76lAASH'1'U M170 — Class III Reinforced Concrete Culvert,
Storm Drain and Sewer Pipe. Pipe is smooth and may be purchased in any
length by special order; standard lengths are 4, 6,and 8 foot.
2.3 Reinforced concrete pipe orders shall include enough pieces of ram neck sealant to
cover all joints of pipe ordered.
2.4 Some orders may include 4:1 sloped precast end treatments for each size pipe.
2.5 WARRANTY
Supplies shall be covered by manufacturer's standard warranty. Bidder is required
to subrn t manufacturer's warranty summary upon request.
3. CONTRACTOR QUALIFICATIONS
3.1 Bidder must be engaged in the business of providing concrete pipe for a minimum
of five years within the last seven years,
3.2 Bidder must be in good financial standing, not in any form of bankruptcy, current
in payment of all taxes and fees such as state franchise fees. The City reserves the
right to request a copy of vendor's audited or un-audited financial statement. When
financia[statements are requested,the City will review the vendor's audited or un-
audited financial statement to this solicitation in accordance with Texas
Government Code, Title 10, Subtitle D, Section 2156.007 to evaluate the
sufficiency of the vendor's financial resources and ability to perform the contract
or provide the service required in the solicitation. The City will be the sole judge in
determining the sufficiency of the vendor's financial resources and ability to
perform the contract or provide the set-vice.
3.3 Bidder must provide a list of three (3) governmental or commercial references for
work of similar scope to this specification.The bidder shall choose references that
illustrate the Bidder's ability, capacity, and skill to perform the contract as
specified.
RFB#20003 Concrete Pipe 4
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4. PAYMENT AND INVOICING
4.1 Payment-The supplies furnished in accordance with this specification will he paid
for at the unit price or percentage discount bid within 30 days of receipt of good or
invoice, whichever is later unless the on--fine ordering option and/or procurement
card payment option is utilized.
4.2 Invoicing - AlI invoices must be clearly marked with Purchase Order Number in �
order to be processed. Separate invoices will be required inr each individual order
and shall be mailed to PO Box 534045, Grand Prairie, TX 75053. As a Municipal
Government, the City of Grand Prairie is exempt fiom all sales and excise taxes.
DO NOT INCLUDE TAXES in price bid. Tax Exemption Certificates will be
issued to successful vendor(s) upon request.Invoices shall include but not limited
to:
4.2.1 Purchase Order number
4.2.2 1 nvo ice number
I
4.2.3 Contract rates
4.2.4 Quantity ordered
4.2.5 Total amount due
5. PROCUREMENT SCHEDULE
The projected schedule for this procurement is as follows:
Activity Target Date.s
Release Bid Monday, October 7,2019
Deadline for Questions Tuesday,October 15,2019
Responses to Questions Wednesday, October 15,2019
Deadline for Receipt of Bids Monday, October 21,2019;2:00 p.m.
Council Date Tuesday,November 5, 2019
G. CONTACT
Information,questions or clarification concerning the intent of this RFB should be in
writing and addressed to Angi Mize at amize[a-
�,) .org by 4:30 p.m. (CST)of the
Deadline for Questions outlined in the Procurement Schedule. City of Grand Prairie's
response to questions and requests for clarification will be posted to BidSync
(www.bidsync.com).
7. BID EVALUATION
Award will be based on an overall low bid meeting specifications.The City of Grand
Prairie reserves the right to accept or reject any and all bids in whole or in part and waive
any informality in the competitive bid process. Further,the city reserves the right to
enter into any contract deemed to be in the best interest of the city.
RFU#2000 3 Concrete Pipe 5
S. SUBMITTAL RESPONSE GUIDELINES
Bidder's response to this Request for Bid shall include:
8.1 Completed and signed proposal checklist.
8.2 Bid pricing Form filled in with unit prides,extended prices,and total.
9.3 Questionnaire and References pages 1 -2 answered. References provided should be
for similar worlclprojects with up to date contact information(phone and email).
8.4 Bid Affirmation form reviewed and signed,
8.5 Completed Historically Underutilized Business Questionnaire. If the vendor is not a
certified HUB or DBF,mark"NG",sign and include with your bid.
8.6 House Bill 89 Verification
8.7 Local Preference form(if applicable)
9. AGREEMENT TERMS AND AWARD
The term of the agreement will be for an initial one-year agreement with the option to
renew for up to four(4) additional one-year periods. The price agreement shall be
awarded to the vendor(s) submitting the bid(s) deemed to be in the best interest of the
City_ The City may award one Primary and one Sccondary vendor by portions or for thc.
entire bid. The City of Grand Prairie:may award to a single vendor, multiple vendors, or
use any combination that serves the best interest of the City. Successful bidder will enter
into a contract with the City for an annual agreement in accordance with the terms and
conditions found within. The annual estimated dollar value of this contract shall he
$60,000.00. Annual estimated quantities are not known and vary from year to year.
RFS#20003 concrete Pipe 6
SOLICITATION STANDARD TERMS AND CONDITIONS
I. LNSTHUCTfONS: These standard terms apply to all 12. ADDENDA: Any interpretations, corrections or changes to
solicitations. these specifications will be made by addenda. Sale issuing
2. BEST INTEREST:The City reserves the right to reject any authority of the addenda shall be vested in the City of Grand
or ail responscs and towaivc formalities. The City nlao reserve Prairie Purchasing i}epartment.Addenda will be Mailed to all
who are known to have received a copy of this solicitation.it
the right[a purchase throughSlate awarded contracts or other is the responsibility of prapwers to e+rsurc they have receivedth e City. nmcntal agreements when it is fit the ties[interest of and understand any issued addenda.
the City.
1 PRICING:Price(s)quoted must be held firm for ninety(90) 13. PROTEST:Protests shall be submitted in writing and filed
days to allow for evaluation unless otherwise noted in this with the Purchasitg Division no less than there business days
document. prior to thu City Council meeting at which the award appears
on the agenda. A written response will be prapared by the
4. SILENCE OF SPECIFICATION: The apparent silence of Purchasing Manager in consultation with the end user
these speei fi cat ions as to any detail or to the apparent amiss ion department and City Attnrrtcy in accordance with the City
of a detailed description concerning tiny point, shell be Purchasing Manual.Tf the protesting vendor does not agree
regarded as meaning that only the best commercial practices with the staff recommendation,they may appeal to the City
are to prevail.Ail interpretations of these specifications shaft Council,Protegling vendors trust contact the City Secretary in
he made on Iho basis of th is statement. order to be acknowledged and heard by City Counci I at tlnc first
available Can nciI meeting.
5. F.O.B.:All shipping shall be F,O.A.delivered.
14. PAYMENT '[TERMS: Payment terms arc Net 30 unless
G, COOPERATIVEANTERLOCAL PURCHASING: If Ott: otherwise specified by the City in this document.
vendor checked Yes on the submittal affirmaIion form to allow
for Interlocal Purchasing the following will apply: 15. PATENT RIGHTS: The vendor agrees to indemnify and
Government Entities utilizing Twor-Ouvernmaidal Contracts hold the City harmless from any claim involving patent right
with the City of Grand Prairie will be eligible, but not infringement or copyrights on goods supplied.
obligated, to purchase goods and services under this contract 16 FUNDING: 'l'he City of Grand Prairie is a homc-vile
(s)awarded as a result of this solicitation. All purchases by municipal corporation operated and funded on an annual basis
Governmental Entities other than the City ofGrand Prairie will for Oct.1 to Stpt.30.The City reserves the right to terminate,
be billed directly to that Governmental Entity and paid by that
Governmental Entity. The City of Grand Prairie ►will not be without liability to the City,any contract for which funding is
noL available.
responsible for another Governmental Frility's debts. Each
Governmental Entity will order their goods and services as 17. ASSIGNMENT; Vendor shall not sell, assign, transfer, or
needed. convey this contract in whole or ern part, without the prior
7. 8PL rf AWARD:The City of Grand Pro iric reserves the right written consent of the City.
to award a separate contract to separate vendors for each 18. VENUE: 'This agreement will be governed and construed
itetttlgroup or to award one contract for the eat ire bid. according to the laws of the State of Texas.
8. WITTITIRAWAL OF RESPONSE TO SOLICITATION: 19, RIGHT OF RFVJEW:Vendor covenants and agrees that the
A response may not be withdrawn or cancelled by the vendor City,upon reasonable notice to verndur,may review any of the
for a period of ninety(90)days following the date designated work performed by vendor under this Contract.
for the receipt without approval by the City. 20. DELIVERY TIMES: Deliveries will be acceptable only
9. ERROR-QUANTITY:Submittals trust be made tat units of during norniai working hours at the designated City Munioipal
quantity spwified,extend,and show total(s). In the ownt of Facility.
discrepancies in extension,the unit price shall govern. 21, STANDARD WARRANTY: Slandard manufacturer's
10. LATE SUBMI'l-TALS: Submittals received after the warranty shall be provided and submitted to the City of Grand
submission deadline shall be returned unopened and will be Prairie upon request,
considered void and unacceptable.The City of Grand Prairie 22 PACKAGING: Unlcss otherwise indicated, items will he
is not responsible for lateness from any carrier for any reason.
new,unused,and in first class condition in containers suitable
It. TAXFS: The City of Grand Prairie is exempt from Fcd era I for damage-free shipment and storage,
Manufacture's Excise,.and State Sales taxes. TAX MUST 23 ORDERS AND INVOICING: A Purchase Order Number is
NOT BE INCLUDED IN PKICTNCL Tax exemption
ct:rtit`rcatcs will be executed by the City and furnished upon required for all purchases. All invoices trust identify the
purchase order number,include the bid unit pricing by item,
request.
identify the ordering deparlmentluscr, and include contact
home and email..
RFB#20 00 3 Concrete Pipe 7
24, CONFLiCT OF INT,lr;R"T,The sncce.mhil vendor hereby the City of Grand Prairie to the extent permitted tinder the
covenants and agrees that during the Contract period that Open Records Act.
vendor and any of vendor's associates and ernployccs will have 28 WAIVER OF ATTORNEYS FEES: Vendor and City
nn interest nor acquire any interest,either dived or indirect,
which will evtmflict in any manner with the performance nfihe expressly covenant and agree that in the event afany litigarian
services called for under this Contract. All activities, arising tcl►veen the parties to this contract,each party shalt be
investigations and other efforts made by Vendor pursuanttosolely r��vpanAihle for payment of its attorneys and that in no
event shall either party be responsible for time other partys
this Contract will be conducted by employees or associates of
attorneys fees regard€ass of the outcome of die litigation
vendor. Vendor further covenants and agrees that it
urrderstands that the Code of Ordinances of the City of Grand 29, CHANGE ORDERS.No Oral statement of any person shall
Prairie prolubits any officer or employee of the City front modify or otherwise change or affect the terms,conditions,or
having any financial interest,oil her direct or indirect, in any Specifications stated in the resulting contract. Al! change
bossiness transaction with the City. Any violation of this orders to the contract will be made in writing by the City of
paragraph which occurred with the actual or constructive Grand Prairie,
knowledge of vendor will render this contract voidable by the
City. 3t}. TERMINATION,The City may, at its option and without
prejudice to any other remedy to which it may be entitled at
a. FORM CIO -- is required when a conflict exists in law or in equity,terminate the right for vendor to accept further
accordance with Chapter 176,Local Government Code, orders under [has Contract, in whole or its part, by giving at
by a vendor who has a business relationship as defined by Icast thirty(30)days prior written notice thereof to vendor with
Section 176.001(1-a) with a local governmental entity the understanding that no further orders may be accepted a€tar
and the vendor meets requirements under Section the date specified in such notice. The City shall equitably
176,006(a).By Ia►v this questionnaire must to filed with compensate vendor, in accordance with the tetras of this
the records administrator of the local goven inert ta]entily Contract for the commodities psuperly ordered prior to the date
not later than the 70 busine- day After the dote the sperifird in such notice following inspection and acceptance
vendor bewnics aware of facts that require the statement of same by the City. Vendor shall not,however,be entilled.to
to be Fled.See Section L76.006(a-l),Local Government lost or anticipated profits should the City choose to exercise its
Code. A vendor commits an offense if the vendor option to terminate.
knowingly violates Scction 176.006,Local Government
Code. Art offense under this section is a misdemeanor. Sl, TERM[INA'ITOH FOR f]fsFAYTI�T:The CITY reserves the
This form may be attained fmm the Texas misdemeanor.
Ethic right to cnfor"the performance of this purchase order in any
Commission's wctsite, manner prascrihed by law or deemed to be in the best interest
of the CITY in the event of breach or default. The CITY
25. CONFIDENTIAL WORK: Any reports, designs, plan, reserves the right to terminate the purchase order imnicdiately
information, project evaluations, data or any other in the event the VENDOR fails to:(1)nreel delivery schedules,
documentation givens to or prepared or assembled by vendor or(2)otherwise perform in accordance with this contract and
under this contract shall be kept confidential and may not be uicorpora#cd documents. breach of contract or default
made available to any individual or organization by vendor authorises the CITY to award to another VENDOR,purchase
without the prior►vritten approval of the City except as may be elsewhere and charge the full increase in cast and handling to
required by low. the defaulting VENDOR,
26. WARRANTY,HOLD IiARMLESS,AND INDEMNITY: 32. PERFORMANCE OF WORK: Vendor or vendor's
Vendor warrants that the commodities it delivers to the City associates and cmpIoyccs shall perform all the work called far
shall he delivered in a gamed and workmanlike manner,and that in this Contract. Vendor hereby covenants and agrees that all
any items delivered to the City under this contract►will be fit of vendor's associates and employees whvwark on this project
for the particular purpose for which it was furnished. Vendor shall be fully qualified to undertake same and comp clout to do
t
shall defend,indemnify,end hold the City whole and harmless the work dcscaite:d in this Contract,and the services performed
against any and all claims for damages,casts,and expenses to shall be perforated in a Mod pact workmanlike manner, and
persons or property that may arise out of,or be occasioned by, that the contemplated by latedi by this agreement.
product shall be tit for ilia particular asc(s)
the execution or performance of this Contract or any of
vendor's activities or any act of commission or omission 33, OWNERSHIP OF DOCUMENTS, VO4DOR
related to this Contract of any representative,agent,customer, acknowledges that City owns all notes, reports, or other
employee, sub-vendor or invitee of vendor or any documents, intellectual property or ductmrentaliun produced
representative,agent,employee,or servant of the City. if an by the verrdor pursuant to this agrccmcut or in connection with
item is covered by a manufactures's warranty, it is the its work which are not otherwise public records. Vendor
responsibility of the vendor to obtain IIte information for City acknowledges that City shall(rave copyright privileges to those
and to get the manufacturer to honor the warranty. notes,reports,documents,processes and information- Vendor
27. PROPRIETARY INFORMATION: Any material or shall provide City a copy of all such notes,repurts,documents,
information that is considered proprietary in nature must be and information (except to the extent that they contain
clearly marked as such and will be trcnicd as coufielciAW by confidential information about third parties)at City exptarse
upon written request.
RFB#20003 Concrete Pipe 13
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34. PRICE REDETERMINATI0N:Price redeterminatimi shall insured under such general liability&autornobite politics,and
only be considered by the City rorty-five(45)days prior to the provisions shall be given at least thirty(30)days prior notice
anniversary date of the initial contract:award and subsequent of any material change in coverage, non-renewal, or of
renewals.Price redetermination requests must be substantiated cancellation of such policy, evidenced by return receipt of
in writing. The City of Grand Prairic reserves the right to reject Unitcd States Certified Mail.VENDOR shall provide a waiver
the request when it is dcemcd to be in the best inter st of the of subrogation in favor of the City oil all coverages except
City. professional liability, VENDOR shall furnish the CITY with
35. DRUG FREE WORKFLA,CE,VENDOR hereby covenants original copies of said policies or certificates evidencing such
and agrees that during the contract period that VENDOR and coverage prior to commencements of any work render this
any of VENDOR's associates and employees shall be in contract.
compliance with the CiTY'S drug free workplace policy. 40. ILE IZ45 FORM.At time of contract execution vendor must I
36. INSPECTION: All goods and services will be subject to provide a signed III3 I293 Form received directly Ervin the
inspection and testing by 0TY prior to acwtitance. Goods state of Texas.
rejected and goods supplied in excess of quantities ordered s:llsysv'v,ethics.state.tx.ustwitatsnewlelf info rortnl295:h
may be returned to the VENDOR at its expense. If any of the
goods or services are found at any time Co be defective in 41. CONTRACT EXECUTION AND START HATE:The
material or workmanship,or otherwise not in conformity with awarded vendor will have ten calendar days after receiving
the requiremertts of this purchase order, including any the notice of award to return the executed contract,certificate
applicable drawings and specifications.then CITY,in addition of insurance,HR€295 form,and vendor setup packet(when
to such other rights and rernedias it may have by contract or by applicable), The CITY reserves the right to terminate the
law or equity,at its sole discretion may reject and return such contract immediately,place the VENDOR on the City's
goods at VENDOR' expcitsc,require VENDOR to inspect the debarred vendor list,and award to another VENDOR in the
goods and reintive tlonconforming goods and/or require event the VENDOR fails to return the required documents by
VENDOR to replace noncon£ornting goods or services wish the indicated time.Aflcr documentation is received by the
conforming goods or services. City a notice to proceed or purchase order will be issued. The
vendor-,viII have up to fire calendar days to begin
37. PACf�,ACING:All goods must lie packaged in the manner as performance under this contract,ttn€ass ottser►vise agreed in
specified by CITY and shipped in the manner and by the mute writing benvicen the CITY and VENI7DR.
and carrier designated by CITY.If CITY does not specify the
manner in which the goods must be packaged,VENDOR shall 42. STOItMWATER REQ1)IlIVWNTS:The Contractor shall
package the goods so as to avoid any damage in transit. If implement Best Management Practices(BMPs)and good
CITY does not specify t€le manner or shipment, route or housekeeping measures to prevent storm water pollution in
carrier,VENDOR shall ship the goods at the lowest possible accord ancc with the current C1ly of Grand Prairie 5tormwaicr
transportation rates,consistent with VENDOR's obligation to Discharges Ordinance(Article XX111,Section 13).
meet the delivery schedule set forth in this Order. 43. LOCAL PREFERENCE: Section 271.9051 of the Tcxas
38. AUDIT:the CITY reserves the,right to audit the records and Local Government Code authorizes a municipality, when
performance of contractor during the contract and for three considering competitive sealed bids when the hid evaluation is
years thereafter, setup to award to the€owes€responsible bidder,to enter into a
39. 1}NS1.]RANCE,VENDOR shall prior to the cant men cemanI of contract for cerlaiu purchases with a bidder whose principal
work under this Contract,ob tain and shall continue to main IAin place of business is in the municipality and whose bid is within
at n❑cost to the CITY,in full force and effect during the term rive percent of the lowest bid if the lowest bid is from a
of this Contract, a comprehensive liability insurance policy business outside the municipality and contracting with the
with a company licensed to do business in the State of Texas local bidder would provide the best combination price and
and rated not less than"A" in the current Best Key Rating other economise benefits to the municipality.Application for
Guide,which shall include bodily injury, death, automobile Local Bidder Pwfrrenre niusr be subinitterl with-Lid to be
liabifity, worker's compensation, and property damage considered by the Oty of Grand Prairie. i£your principal
coverage, in accmdance with any CiTY ordinance or p lace of bus iness is within the Grand Prairie city Iim4s and you
Directive. The minimum limits for this coverage shall be want to apply for local prefcrencc consideral ion,then you must
$1.000,000.00 per occuurence I $2,000,00D aggregate for provide a tax certificate for the most current year marked
general liability and for property damage, and $1,000,000 PAID, included with your Application for Local
combined sing€c limit for automobile liability unless modified Bidder Preference,
in accordance with any ordinance or directive. Ifthis Contract
includes Professional Serviccs,the VENDORs hat t also obtain
and shall cont in tic.to maintain at no cast to the CITY, in full
force and effect during the tam of this Contract a professional
liability(errors and omissions)insurance policy placed with a
company rated al least A•/X by Rests Key Rating Guide,
authorized to do business in Texas,in an amount not less than
$1,0001000. The CITY shall be named as and additional
RFB N20003 Concrete Pipe 9
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SUBMITTAL FORMS
RFB#20003 Concrete Pipe SD
SUBMITTAL
Interested parties MUST submit one (1) Flash Drive/DVD marked as original with all signatures
included and one (1) hard copy that includes all of the following items listed below for consideration.
The submission should be in the order stated below.
1 Submittal Check list
2 Finns Qualifications
3 IQuestionnaire&References Fr
4 Subrruttal Aftition P]
5 Historical Underutilized Business ucstionnaire P1
f House Bill 89 Verification 2
By my signature I affirm all items as listed above have been completed and submitted as part of my
firm's proposal.
Forterra Pipe & Precast
aVenNaiSales Manager
trl - Title
Bart Dooley 1 o-1 8-1 9
Print/Type Name Date --
RFS 92ODD3 Concrete Pipe f I
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PICKUP DELIVERED :.
REINF(lRCEU CUNCRETE PIPE
PRICE PRICE
RICE INCLUDES SEALANT
1 12"Diameter Class iII 1 FT 20.80 2240
2 15"Diameter Class III 1 FT 24.70 26.60
3 18"Diameter Class III ] FT 27.95 30.10
4 21"Diameter Class III 1 FT 32.50 35.00
5 24"Diameter Class III I FT 41.60 44.80
6 27"Diameter Class III 1 FT 46.80 50.40
7 30"Diameter Class III I FT 56.55 60.90
8 33"Diameter Class III I FT 68.90 74.20
9 36"Diameter Class III I FT 81.90 88.20
10 39"Diameter Class III I F1' 103.35 111.30
1 142"Diameter Class III I FT 1 1 3.75 122.50
12 45"Diameter Class Ill _ I FT NA NA
13 48"Diameter Class III i FT 138.45 149.10
14 60"Diameter Class III ! FT 219,05 235.90
4:1 PRECAST END TREATM ENTS
14 12"Diameter l EA 357.75 399.75
15 15"Diameter I EA 357.75 399.75
16 18"Diameter 1 EA 473.25 519.00
17 21"Dianwter I I,A NA NA
18 24"Diameter I EA 621.00 699.75
19 27"Diameter I EA NA NA
20 30"Diameter I EA 1,017.75 1,074.00
21 33"Diameter I EA NA NA
22 36"Diameter I EA 1,776.75 1,880.25
RAM NECK(ADDITIONAL)
23 314"Ram Neck Sealant 1 Box 75 75
Percentage Discount for Items Not Specified 1 % 35 30
By my signature I affirm all items as listed above have been completed and sUbm itted as hart of illy
f irm's proposal.
Forterra Pipe & Precast
Vendor am
a) Sales Manager
Autlfirrri ed Siigna(uja Title
Bart Dooley 10-18-19
Printed Name Date
RF6#20003 Concrete Pipe 12
QUESTIONNAIRE
All questions should be answered clearly and eomj)letely. Marketing materials WILL NOT be accepted
in lieit of this questionnaire. This questionnaire will assist the City in understandingyour•a-rrbnrittal and
will he used in the evaluation process and therefore it is critical that the questionnaire he eorrrpietecl
and swbmilted with your submittal.
(ANERAL.CONTACT INFORMATION
Pritnai:y Contact. Bart Dooley Sales Manager
VendorName: Forterra Pipe & Precast
Vendor Address: 1000 N. Macarthur Blvd
city. Grand Prairie State: TX Zip: 75050
Phone: 972-260-3682 fax; 972•-260-3612
Email: bart.dooley@forterrabp.com Tax 1<D:
Provide at Least 3 References, including contact name, agency name, title,phone number and/or email
of those you have provided similar services in the past three years. This information will he used in the
evaluation of your submittal.
Reference Name: De'Shawn Jones I Titic; Sr. office Assistant
Reference O ani7stion: City of Dallas
Project Title: Public Works Department
Email: deshawn.jones@dallascityhall.com phone; 214-671-0253
Reference Naine: Tim Jones 7title: Sr.Buyer
Rcfercncc Organiratiotl: Tarrant County
Project Title: Purchasing
p:ma;l:I tjones@tarrantcounty.corn I Phone; 817-884-2620
Reference Name: Troy Trodliner Title:I Field Services Supervisor
Reference O anizntion: City Of Denton
Project Title: Drainage Department
Email: troy.trodliner@cityofdenton.com Phone: 940-349-719T
RF6#29=Concrete Pipe 13
EXPERIENCE
I tow may years has your company heen involved in Rroviding these es of commodities or services
Years: 60 Month.S:
Do you have a corporate office, branch YES
office or warehouse located in the Grand
Prairie c#x limits?J.5 of►tls Yes No
Address ifdi*rent fiom above: NO
Please list all g9vernepmut etrtities yow firm has worked wikli in the past th-ee(3)years:
City of Grand Prairie City of Dallas
City of Dalworthington Gardens City of Denton
Parker County Denton County
Wise County Tarrant County
Dallas County TXDOT
Has your firm failed to complete a contract? Iyes I IN o N C 1
Lfyes,please iden I ifjp the project and rlrste:
I
Do you have any litigation issues pending in the last
three (3)years? Yes INo INO
I es,please explain:
Are there any judgements,clainin, aabitration NO
proceedings, orrsuits pending or outstanding against
your organization or officers? Yes No
I es; please explain:
RFB#20003 Concrete Pipe 14
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What is the t 1mtrame an invoice should be ex ccted after scrviceslcotnnodhies are delivered?
Days 5 Weeks Matri]u
Briefly explain how your business maintains and exechzes a service schedule for various ]ovations:
Daily operating &safety procedures and policies in place due to being publicly traded
& an OSHA governed manufacturing facility.
RFB#20003 Concrete Pipe 95
1 �
This will acknowledge your submittal contains all items and receipt of the following
addenda which are part of the Solicitation Documents:
YES i
All items identified in Submittal Checklist h¢►vc been
Addendum
Should other Government Entities decide to participate in this contract,would you, the f
Vendor,agree that all terms, conditions,specifications,and pricing would apply
Yes 0 No ❑
I
I
The undersigned agrees to the following:
A_ Agrees that the submittal is complete and all required info rmationlforms were
submitted.
B. Agrees that the bid package was fiilly reviewed and fully understands the requirements.
C. Agrees to the Tarns & Conditions as included in this bid packet and have noted any
exceptions.
D. Agrees that their submittal shall be good and may not be withdrawn for a period of 90
calendar days alter the scheduled closing time.
E. Will supply all required insurance,and execute contract within the time stated on the notice
of award.
F. Affirms that the submittal was not prepared in collusion with any other firm and the
SURMITTAL CERTIFICATION
By my signature I affirm that I am duly authorized to execute this proposal as an offer to
contract and in compliance with this solicitation, the undersigned firm having examined the
specifications, and beingfamiliar with the conditions to be met, hereby submits a proposal for
consideration of being selected as the City's provider for said services; and agrees to enter into
negat' ns i(sele s a finalist far said services.
Sales Manager
Au natu Title
Bart Dooley 1 9-18--1 9
MatlType Naive Date
RF8#20003 Concrete Pipe 1�
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A Historically Underutilized Business (HUB) is a for-profit entity that has not
exceeded the size standards prescribed by 34 TAC §20.23, and has its principal
place of business in Texas, and is at least 51% owned by an Asian Pacific
American, Black American, Hispanic American, Native American, American
woman and/or Service Disabled Veteran, who reside in Texas and actively
participate in the control, operations and management of the entity's affairs.
1. Is your business a certified historically underutilized business (HUB) or
Disadvantaged Business Enterprise (DBE)?
❑ Yes � No
2. Please provide the certifying agency name;
Certifying Agency-
3. 1 have included a copy of my certification as an attachment to my proposal;
❑ Yes D No
By my signature I affirm the information provided on this form is accurate to the
best ❑f my knowledge.
Sales Manager
Authorized Signature Title
Bart Dooley 1 0--18-19
Print/Type Name Date
RF8#2DUU3 Concrete Pipe 17
HOUSE BILL 89 VERIFICATION
1, Bart Dooley , the undersigned representative of
(Individual's Name)
Forterra Pipe & Precast
(Business or Company)
Hereinailer referred to as"Company", do hereby verify that the company named above, under
the provisions of Subtitle F,Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and ;
2. Will not boycott Israel during the term of the contract.
Pursuant to Section 2270.01, Texas Government Code:
1. "Bo})cott Israel"means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic Farm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in
Israel or in an Israel-contralled territory, but does not include an action made for or dinar y
business purposes, and
2. "Company"means a forpra fit sale proprietorship, organization, association,
corporation,partnership,joint venture, limited partnership, limited liability partnership, or
any limited liability company, including a wholly awned subsidiary, majority-owned
subsidiary,parent company or affiliate of those entities or business associations that exist to
make a profit.
i
i
By my signature I affirm the information provided on this form is accuratc to the best of my
knowledge.
Forterra Pipe & Precast
Vendor Name
�- Safes Manager
Authorized Aignature Title
Bart Dooley 10-18-19
Print/Type Name Dace
RFB It20003 CQf1GF010 Pipe 18
PREFERENCELOCAL
Optional for vendors.whose business is located within Grand Prairi
The City Council requires the following information for consideration of location of a bidder's
principal place of business in award of bid:
1. Location Eligibility:
Principal place of business is defined herein as any business which owns or leases a
commercial building within the City limits and uses the building for actual business
operations. Is company's principal place of business within the City Limits of Grand Prairic,
Texas?
a. If yes, identify name of businesslDBA,address, and business structure(sole proprietorship,
partnership, corporation, or other).
If more than 1 owner/partner/corporate officer exists, attach a separate sheet of paper
with remaining person(s) information.
b. Name and city of residence of owner(s)lpattners/corporate officers; as applicable.
If more than 1 ownerlpartnerleorporate officer exists,attach a separate sheet of paper with
remaining persons) information.
2. General Business Information:
a. Year business established(Grand Prairie location): 1940's
h. Most recent year property valuation;real and personal property: $20,sa2,c10•00
c. Annual taxable sales original inglpayable to Grand Prairie facility; 7
d. Is business current on al I property and sales taxes at the time of this bid? YES
e. Total number of current employees assigned to Grand Prairie facility: 2ss
f. Total number of above employees who are residents of Grand Prairie: 50
3. Economic Development benefits that would result from award of this contract:
a. Number of jobs that will be created or retained at GP facility if awarded bid: 7
b. Amount of Grand Prairie sales tax collected and paid for in prior tax year: $12,nB�
c. Amount of Grand Prairie ad valorem taxes paid for in prior tax year: $7 i
d. Will local subcontractors(s) be utilized if awarded this bid? Nd if yes attach a list of I
company(ics)and value for each.
e. Other economic development benefit deemed pertinent by applicant.Attach separate sheet
if needed.
City bid/quote number for local preferences is requested Yes
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date 1
hereof, under penalty of perjury.
Forterra Pipe&Precast 10-18-19
Company N e Date
Bart Dooley 1
5' re Printed Name
Tax certificate for the most cturent year marked PAIL)is attached
RF3#20003 Concrete Pipe
ILA-FORTERRA#20003
Page 34 of 38
EXHIBIT C
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
1J Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4j Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes F-1 No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes F-1 No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
6
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
Re i dzeno(Jun11,2 :08 -7 —�—�
Signature of vendor doiV<busindKs with the governmental entity Date
Form provided by Texas Ethics Commission ILA-FORTERRA#20003 Revised 11/30/2015
Page 37 of 38
www.ethics.state.tx.us
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection (a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission ILA-FORTERRA#20003 Revised 11/30/2015
Page 38 of 38
www.ethics.state.tx.us