HomeMy WebLinkAbout2014-028ORDINANCE NO. 2014-028
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR THE SUPPLY AND INSTALLATION OF A MOVEABLE WALL SYSTEM
(FUNDED 100 PERCENT BY A UNITED STATES DEPARTMENT OF JUSTICE
CONGRESSIONALLY SELECTED AWARD) FOR THE CITY OF DENTON PUBLIC SAFETY
TRAINING FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFP 5301-AWARDED TO HUFCOR TEXAS GROUP IN
THE NOT -TO -EXCEED AMOUNT OF $330,529.76).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the supply and installation of a moveable wall system for the City of Denton Public Safety Training
Facility 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 VENDOR AMOUNT
5301 Hufcor Texas Group $330,529.76
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 the RFP 5301 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval. .......�
PASSED AND APPROVED this the 1 ..... day of ww w , 2014.
... ARK ALRR(. JGH S,
eee�.... ._
MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ` m
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:�
RFP 530
1 got" I; . . 9
THIS CONTRACT is made and entered into this day of A.D., 2014,
by and between Hufcor Texas Group, a corporation, whose address is 454 West Mockingbird
Lane, Dallas, Texas 75247, 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:
Supplier shall provide products in accordance with the City's RFP #5301 — Purchase and
histallatis ri of Moveable w��11 S�st �a� l��w ill �� ral'1:����t�.���'� lwtll,�lic Sal"et °Cntit�ir.��A 1 gcilit
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) City of Denton's RFP 5301 (on file at the office of the Purchasing Agent)
(b) Standard Terms and Conditions (Exhibit "A")
(c) Special Terms and Conditions (Exhibit "")
(d) RFP 5301 Technical Specifications and Scope of Work and Supplier's Statement
of Work (Exhibit "C")
(e) Form CIQ — Conflict of Interest Questionnaire (Exhibit "")
(f) Supplier's Response to RFP 5301 - Best and Final Offer (BAFO) Pricing
(Exhibit "E")
(g) City of Denton's Insurance Requirements (Exhibit "F")
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 5301 Page 1 of 18
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
^M
BY. .
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
SUPPLIER
BY:
AUTHdOl aL T SI .A-rT,..
Date:
Name 1 ¢
PHONE NUMBER
�YL - -74/f
FAX NUMBER
CITY OF DENTON, TEXAS
GEORGE . CAMPBELL, C lli MANAGER
'AL
RFP 5301 Page 2 of 18
Exhibit A
Contract # 5301
Standard Terms and Conditions
Exhibit A
City of Denton
Standard Purchaseerms and Conditions
response, Invoice or Statement sh serve to modify the terins 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 other -wise 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 I 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.
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actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shinced F.O.Bvk#iy!TJ0I`
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 5301 Page 3 of 18
DER: 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 sub - �ect to the a -w—licable securitti Aes, and re ulations_The_C"#hiwi
acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the
location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and
facilities necessary to perform the services, and any other condition or state of fact which could in any way affect
performance of the 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.
10. WORKFORCE
A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services whi
they will perform under the Contract.
B. The Supplier, its employees, subcontractors, and subcontractor's employees may not while engaged
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
required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor m
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
disobedient, has knowingi , or r Qeatedl,�,, violate�L �ev �gutad v- nna irF-nrmq
was under the influence of alcohol or drugs on the job, the Supplier shall i . mmediately remove such worker fro
3
Contract services, and may not employ such worker again on Contract services without the City's prior writt
consent.
Immigration: The Supplier represents and warrants that it shall comply with the requirements of the Immigrati
Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms f
any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract a
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IHURA) enacted on September 3i.
1996.
I I ILI W. I It.] I I I ILI,] I I I H I RMAJ I Ry L" In 0 MR I U.J &I I I if N I M ou I I I I It' G 1 Ps I I I UK OR IUMMIF-1-2jirig.
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I I Au"W"JURU I I . i 0 1 — FralL =0
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,
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 irrvoice *WfA
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 5301 Page 4 of 18
charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when
applicable, be attached i►name,a ' address i if applicable,
identificationi` ► - ► x Unless ♦ i► _
otherwiseinstructedr. the City may rely on the remittance address specified on ii..
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 costi p
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
13. ra
A. All properinvoices'.'i to be sent to Accounts Payable. Approved invoices will be paid within thirty 30
calendar days of receipt ►., the deliverables or of ►..' being received in Accounts Payable,
whichever is later.
B. If payment j1made, paragraph a • on the unpaid balance
the lesser of 1 'cified in Texas Government Codeor the maximum
paymentlawful rate; except, if payment is not timely made for a reason for which the City may withhold
days after the grounds for
withholding payment have been f ii.
shipmentC. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the partial
or delivery,above, provided a, the invoice matches shipment or ie
thirdD. 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;
party claims, which are not► `:i by J 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;
damage to the property of or _ agents,i ►', `` or ii o
coveredby e to be provided by ii
v. reasonable evidence that the Supplier's obligations will not be completed within the time
specified in the Contract,and that the unpaid balance ► ', i not be d to cover or
liquidated damages foranticipated delay;
vi. failure of ii. to submit proper invoicespurchase order number,
attachments and supporting
failuredocumentation; or
of i i er to comply with any materialprovision of ►, Documents.
E. Notice is hereblv given that any awarded firm who is in arrears to the City of
may offset indebtednessowed throughpayment withholding.
F. Payment will be made
of iSupplieragrees that thereshallbe no additional chor 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 a ► solely fromi', Appropriated and available for ! act. 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 f.. i shall be returnedto the Supplier.a..
provide the Supplier written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts i under Contract,or ' reduction
of any Appropriation to an amount to permit
the City to pay its obligations under► a of none or ► lu a appropriation of ..
will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per them expenses in connection with the Contract shall be pa
by the Supplier, unless otherwise stated contract .....
RFP 5301 Page 5 of 18
A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is
rvjVALPsU*
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 requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the 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
sp,ecial tooling ecWilpment and qmi—�kR448
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 five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case
records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within ten (10) business days of written request, Further, the Supplier shall also require
all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence
pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be
made available within a 50 mile radius of the City of Denton. The cost of the audit will be home by the City unless
the audit reveals an overpayment of 1 % or greater. If an overpayment of I% or greater occurs, the reasonable cost
of the audit, including any travel costs, must be home by the Supplier which must be payable within five (5)
business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall
constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records",
"documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if
such drafts or electronic files are subsequently used to generate or prepare a final printed document.
I&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
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 b42 a Subcontractor shall be (cursuant to a written contract between the SIT lip....
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 5301 Page 6 of 18
C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the
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:
V
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 *tww
deliverables under similar terms of purchase.
20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverable�
furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and
encumbrances. The SuMlier shall indern
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
acceg,tance of the deliverables or from the date of
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 , * *mAjs6l4Wi.+
the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be
required to purchase under the Contract from the 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. I t e Su tier is not the manufacturer and tl 1 fe, 1 4 r f r
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22. WARRANTY — SERVICES: The Supplier warrants and represents that all services to be provided the Ci
under the Contract will be fully and timely performed in a good and workmanlike manner in accordance wi
generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and
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 a
attempt to do so shall be without force or effect.
RFP 5301 Page 7 of 18
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptan
Date. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promp
upon receipt of demand perform the services again in accordance with above standard at no additional cost to t
City. All costs incidental to such additional performance shall be borne by the Supplier. The City shall endeavor
give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the brea
warranty, but failure to give timely notice shall not impair the City's rights under this section.
C. If the Sit lier is una e or unwilling to fi rvices in accordance with the above standard as re uire,
r one party to the Contract in good faith has reason to question the oth
party's intent to perform, demand may be made to the other party for written assurance of the intent to perform.
the event that no assurance is given within the time specified after demand is made, the demanding parftty may tre
this failure as an anticipatory repudiation of the Contract.
25. STOP WORK NOTICE: The City may issue an immediate if Work Notice in the event the Supplier
observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that
determined by the City to be unsafe to either life or property. Upon notification, the Supplier will cease all wo
until -A-n.E&-i
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 effectiv l0?.le-ti,Pr 4.zys, u,-tless *Pkeriuke ,,-#ecifie4—.2ffer
10,
reasonable attorneys' fees, court costs, and prejudgment and post -judgment 'I rest 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 disqualified for up to three (3) years. All rights
and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law.
28. 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 Su%lier shall �fromvtly cease all further work )Purst
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 required to be
submitted by the Supplier to the City shalt be grounds for the termination of the Contract for cause by the City and
RFP 5301 Page of18
may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Supplier if the City deems it is
in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the
Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute
an amendment to the Contract. The Supplier must assert its right to an adjustment within thirty (30) calendar days
from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. 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
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 a reeable period of time reasonabl necessar to overcome the effect of such failur
subcontractors commencing work on the project.
v. The Supplier's and all subcontractors' insurance coverage shall be written by companies licensed to
business in the State of Texas at the time the policies are issued and shall be written by companies wi
Best ratings of A- VII or better. The City will accept workers' compensation coverage written by t
Texas Workers' Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of cancellati
endorsements as well as the Certificate of Insurance shall contain the solicitation number and the
information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown
on any policy. It is intended that policies required in the Contract, covering both the City and the Supplier,
shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Supplier shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability
Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shalt be entitled, upon request, at an agreed upon location, and without expense, to review
certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modification of particular policy terms, conditions, limitations, or exclusions except where
policy provisions are established by law or regulations binding upon either of the par -ties hereto or the
underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the effective period of
the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when
deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims
history of the industry or financial condition of the insurance company as well as the Supplier.
xi. The Supplier shall not cause any insurance to be canceled nor permit any insurance to lapse during the
term of the Contract or as required in the Contract.
The Supplier shall be responsible for premiums, deductibles and self -insured retentions, if any, stated in
policies. All deductibles or self -insured retentions shall be disclosed on the Certificate of Insurance.
xiii. The Supplier shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of
the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums
and are not intended to limit the responsibility or liability of the Supplier.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument.
33.
4 CLAIMS: If any claim, demand, suit, or other action is asserted against the Supplier which arises under :
concerns the Contract, or whieVi could 't9ve Aw.%Vfliz
IM-107M
F-T MPP uclildlIA, 6UR 01 frUICI UUL11V I
the names and jd#eW,JJW
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City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Dento
Texas 76201. 1
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate
be given under the Contract shall be in writing and shall be deemed delivered three (3) business days a
postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices deliver
by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made
first class mail, telefax, or other commercially accepted means. Notices to the Supplier shall be sent to the addre
ed pp
specifiin the Sulier's Offer, or at such other address as a party may notify the other in writing, Noticeo s tt
City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of It
1�urchasing Manager.
RFP 5301 Page 10 of 18
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 fii�, the S Lgodier's breach of 4—bWtA1C,* "Wff4&—hWtU4rW7W"13r
any such claim, the City shall have the right to monitor such claim or it 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
deliverabtes 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.
11UL 1Q1Qa3Q 1111 L11C %-191MISCIMUL 1111,1111UL,611 I L L U 1111
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 i or otherwise use the Confiden - ti "I'll, al Information without the Wor written consent of the Cit i or in a manner
L 91HII(CCIlLidi 11111911111ULI'Vil tS 1cquIM LIF VC 1,16LAVINC11- VJ IdTF
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
#rotective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses within its
WiN&A-m-mm, "Ai
38. OWNERSHIP AND USE OF DELIVERABLE& 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 requested by the City, the Supplier agrees to assign and, if
necessar:,* cause each of its emylokiees to �
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 fetters 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 ioint ownership of any such deliverables arisina bv virtue of the Cit%'s sole or joint authorshiQ of such
40 M"
W W ON . - CI 1-me-
1 I I 11MR11141101111-
LI'LlIC Ult-j 01) riVit, 11LIC, dill 111LUM HI U11
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
teliverables to the City or at such other time as the City may request.
RFP 5301 Page 11 of 18
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 Confidential
Information under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally
developed material unless otherwise specifically provided in the Contract. When material not originally developed is
included in a report in any form, the source shall be identified.
40. ADVERTISING: The Supplier shall not advertise or publish, without the City's prior consent, the fact that the
City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Supplier warrants that no person or selling agency has been employed or
retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage,
brokera - or contingent hk"=r-��-4&'i'c- 4,41r.9
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
deter -mined 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 performin�l of such contract. In the event the Contract is canceled brA the Cit, cursuant to this►rovision the Cit
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 TV COWYK LCTS-Vo officer,
I e now e ge, expresse or imp le , o e Mpp fer s a ren er v e
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 ajoint venture. The Supplier's services shall be those of an independent supplier. The
Sui)i)lier a rees and understan4,s th?.t 6e Cgrtti-gict d4es i for e-lip
I c e specL ica ions a e genera irec ion o e I anager o, e 't
Texas, or his designee under this agreement.
RFP 5301 Page 12 of 18
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 ex,#,ress or im-whed acce�ttance of anp other *w&
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_Q_fPx"-.�_-L�,V bAlw�L-,w%� *56?,W9ge *f-t�w
trade shall be relevtmvawLLV,
substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair
to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall
control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to
prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a
statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between
representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as
agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision -making
authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to
negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not
succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below.
Negotiation may be waived by a written agreement signed by both par -ties, 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 izood faith in the selection of the
rograrn es agree to participate in me -at-on in goo ai. or up 0 t ca e
the date of the first mediation session. The City and the Supplier will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to
represent them or otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made Linder and shall be governed bp the laws of the StatZ)f
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 5301 Page 13 of 18
provision. The provisions of this section shall not prevent this entire Contract fi-om being void should a provision
which is the essence of the Contract be determined to be void.
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
4 1 1 1 i6
=Fgai 1, i ay ay, ff—MIT 63 o5servea on the prece(ling I-Fria—ay-.U' Y5776-5 Sunda�-,
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 or performance not
within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized
tesignee.
53. SlIRVIVABILITY 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:
wmr-cP-hite
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
*f 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 DisabWties Act (A A) 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 5301 Page 14 of 18
(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. 10a - 10d) 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.
products in the provision of the Solicitation entitled "Buy American Act Certificate".
57. RIGHT TO INFORMATION; The Citp of Denton reserves the right to use ang and all information vresented 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 required to comply with Provision 5159a of "Vernon's
Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting
discrimination in the employment practices.
http://www.access.2po.Rov/davisbacon/tx.html
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall
comy,,ly with all State Federal. and Local laws and re,�uirements. The Su�jalier must corn v 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 Reforrn 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
WMWWWA 2Zi §',0W-AW IEM 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 shalt 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.
RFP 5301 Page 15 of 18
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
this Section the Supdier will be excused from arn, further vierformance 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
re,
cancel, waive or otherwise affect Such right or remedy. A waiver by a Party of any breach of any term of th.;
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
',rW1,i*ow6*xnnV&WW&*,hat
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.
RFP 5301 Page 16 of 18
Exhibit B
Contract # 5301
Special Terms and Conditions
Exhibit
Special Terms and Conditions
A purchase order will be issued upon final execution of the contract documents and will serve as
the notice to proceed with the order of the material.
This is a one-time purchase agreement based upon the quantities and pricing in Exhibit E.
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.
Total Contract Amount
The contact total shall not exceed $330,529.76. Pricing shall be per Exhibit E attached. Item 14
will be excluded. The supplier's 40-hour optional tactical training will not be utilized.
Delivery and Installation
Delivery of material shall be 56 days after receipt of the purchase order. The City shall reserve
the right to amend the onsite delivery date, as needed to coordinate with the Public Safety
Training Facility's training schedule. Delivery shall be coordinated with the City's equipment
project managers prior to the delivery date. The moveable wall system and their associated
hardware and accessories shall be installed around the end of March 2014 or early April 2014,
with the scheduled testing, and four (4) training and demonstration session immediately
following thereafter.
RFP 5301 Page 17 of 18
Exhibit C
Contract # 5301
RFP 5301 Technical Specifications and Scope of Work
CITY OF DENTON
RFP FOR PURCHASE AND INSTALLATION OF MOVABLE WALL SYSTEM FOR PUBLIC
SAFETY TRAINING FACILITY
EXHIBIT 2
SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
The scope of work and/or technical specifications shall be finalized upon the selection of the Firm. The
proposal submission shall have accurately described your understanding of the objectives and scope of the
requested products and services and provided an outline of your process to implement the requirements
of the scope of work and/or technical specification below. It is anticipated that the scope proposal
submission will include, at a minimum, the following:
Overall
The city seeks a vendor to provide a reconfigurable/movable wall system from a manufacturer with a
minimum of five (5) years experience supplying similar equipment for use in a law enforcement training
environment.
The movable wall system should have the following performance characteristics:
Panel Characteristics
• Provide a total panel count of nominally sized systems (4' wide x 8' 3" tall):
o 54 Basic Panels
0 4 window insert panels (no glass)
o 8 pass door panels
66 panels total
Panel construction to be minimum 16 gauge welded steel frames with a minimum 3" thick
Medium Density Fiberboard (MDF) faces with High Pressure Laminate (HPL) finishes, or
equivalent. The finish must be easy to maintain including cleaning of the material.
Note: Steel -type finishes will not be accepted.
Each movable panel must contain bottom seals that apply 100 Ibs of downward seal pressure
when extended, and have a minimum travel of 2" in either direction. This will allow flexibility
when the panels are being moved over an uneven floor surface.
Note: The 100 Ibs downward seal pressure will be required to reasonably withstand the force of
a lateral force collision by an average large male, yet give slightly to prevent injury.
• In order to facilitate quick set-up times, panel seals must be mechanically activated on the edge
of the panel with a maximum 190-degree quick -set action.
o Minimum of five (5) operating handles to be supplied with system.
• Panel vertical seals must have enough mass to stop simunitions (marker or rubber pellet rounds)
from penetrating between panel intersections.
PAGE 1 OF RFP #5301 EXHIBIT 2
CITY OF DENTON
RFP FOR PURCHASE AND INSTALLATION OF MOVABLE WALL SYSTEM FOR PUBLIC
SAFETY TRAINING FACILITY
• Panel vertical seals must allow panels to pass through the intersections between panels without
the need to reset adjacent panels. This will allow quicker set up times for ancillary training.
Door Panels
• Pass through door panels must have manufacturer's standard lever "commercial action"
hardware on one side and standard turn/twist knob on other side allowing any pass door to be
used to mimic both commercial and residential openings. The turn/twist door knob shall be
recessed to allow easier pass through access.
• Pass through door panels must have adjustable automatic door closures to automatically bring
doors closed when not propped open.
• Pass through doors need to be breachable (break through without causing any damages to
equipment or training personnel).
• Pass through door panels must have integrated seals with enough force to stabilize the doors
without the need for floor bolts. This will allow flexibility to place the pass through door panels
in other locations than where the preset door bolts are located.
• Pass through door panels must not require any thresholds to minimize any tripping hazards.
• Pass through door panels must have the ability to be moved between intersections without
resetting the adjacent panels.
Window Panels
• Window panels must contain a pre -finished, aluminum framed cutout that is a minimum of 30"
wide x 36" tall.
• Window panels must be reinforced to support an additional 300 Ibs of personnel and equipment
to breach through the window openings.
• Window panels do not require glass or plexiglass and shall be open air windows.
Color Selection
• Color selection of finishes to be from manufacturer's standard selection.
o Panel construction must contain pre-painted/powder coated in grey metal protective
edge trim to protect finishes. Untrimmed panels will not be accepted.
PAGE 2 OF RFP #5301 EXHIBIT 2
CITY OF DENTON
RFP FOR PURCHASE AND INSTALLATION OF MOVABLE WALL SYSTEM FOR PUBLIC
SAFETY TRAINING FACILITY
Color Option
• Supplier must supply an alternate price using MDF faces pre -painted with rotogravure, 5-layer
paint coat in lieu of HPL finishes.
Track and Support Characteristics
• Panels shall be operated on an overhead tracking system, which create a 4' x 4' grid pattern.
• Panels must have two (2) counter -rotating top carriers per panel to allow travel through 90-
degree intersections of the track grid.
• Carriers to be self-lubricating steel ball bear wheels with Delron covered tires for smooth
movement.
• Track grid is overall nominally 48' 11 %" x 40' 7 15/15", creating 120, 4' x 4' sections. The track
grid shall be installed at a 10' height. This track grid dimension is required due to the design and
layout of the training rooms. Please refer to Exhibit 3 — City of Denton Public Training Facility's
Tactical Room Floorplans.
o Note: the floorplan provided is not to scale. The pricing proposed on the pricing sheet
(Exhibit 1) shall be based on the floorplan provided in Exhibit 3. The selected contractor
will be responsible for measuring the room prior to fabricating the movable wall system
materials to ensure accurate fitting.
• Track must be made from architectural grade aluminum with precision alignment. Roll -formed
steel track and steel tired carriers will not be accepted.
• Track grid must accommodate pre-existing jobsite load -bearing columns and must not interfere
with panel movement and layout combinations.
o The location of the four (4) load -bearing columns are indicated on page 2 of Exhibit 3 -
City of Denton Public Training Facility's Tactical Room Floorplans.
• Track must support up to 600 Ibs total weight per panel.
• Track must be self supporting using a pre-engineered structural support by the supplier.
• Pre-engineered overhead support structure with 4' on center required with system.
In other words, there shall be a truss over each 4' x 4' section to hang the unit from the ceiling
and give the system balance.
PAGE 3 OF RFP #5301 EXHIBIT 2
CITY OF DENTON
RFP FOR PURCHASE AND INSTALLATION OF MOVABLE WALL SYSTEM FOR PUBLIC
SAFETY TRAINING FACILITY
• Track grid and support must be designed with a minimum of eight (8) separate 4' deep stacking
bays to allow all panels to stack at one side of room. This will allow sufficient clearance from the
general area.
• Self-support structure must have minimum loads ratings to meet the requirements of the track,
stacks, and panel weights for the overall system.
• Self-support is the responsibility of reconfigurable wall system supplier only. This is a turn -key
project.
Closeout Requirements
• Supplier must provide a Safety Manual for the wall system, which reviews the following items;
o Safety Hazards
o Personal Protective Equipment
o "No Shoot" Areas & Rules
■ Supplier must provide removable and repositionable "No Shoot" graphics for
each pass door and window insert panels. (minimum of 24 required)
■ Graphics must be bright red and be minimum 42" wide x 12" tall.
o Muzzle Discipline
o Conditions of Weapons Carry
o Go Dry First Recommendations
o Qualified Range Safety Officer Discipline
o Denial Barriers
o Target Placement
o Training Weapons
o Ammunition Concerns
o Diversion Devices, Chemical Munitions, Smoke, Flangible Windows
o Observation Safety
o System Overall Do's & Don'ts
• Supplier shall perform all necessary testing to ensure the full compliance of all the specifications
agreed upon under this contract and the full operatability of the movable wall system as it was
designed and advertised to perform.
• Demonstrators must have a minimum of two (2) years experience in working with a movable
wall system to be installed and be represented by at least two (2) currently licensed law
enforcement entities in any U.S. jurisdiction.
o At the four (4) hour use -of -equipment demonstration and training session, all training -
related questions shall be addressed to the satisfaction of the system operators or
interested parties.
PAGE 4 OF RFP #5301 EXHIBIT 2
CITY OF DENTON
RFP FOR PURCHASE AND INSTALLATION OF MOVABLE WALL SYSTEM FOR PUBLIC
SAFETY TRAINING FACILITY
o Assist and supervise the City -designated system operators in a run-through to acquaint
them with "hands on" operation of the equipment.
■ Ensure satisfactory demonstration by the City -designated system operators of
the intended use of the installed equipment.
Optional Training
• Supplier must provide a minimum 40-hour supervised in-depth demonstration and training of
the system's operational procedures by a minimum of three (3) experienced high -liability special
operations team members. The public safety facility operations personnel will be designated by
the Denton Police Department to receive the in-depth training on how to properly operate the
movable wall system to its fullest capabilities.
Warranty
• System must be backed with minimum one-year (both parts and labor) warranty from the time
of installation.
• Describe, in the proposal, any optional extended warranty available including what will be
covered under the warranty. Provide annual pricing on the provided pricing sheet (Exhibit 1).
PAGE 5 OF RFP #5301 EXHIBIT 2
RFP #5301
ADDENDUM #1
Addendum #1 to be returned with Proposal
The attached are the highlighted changes to Exhibit 2 — SOW -
Specifications. Please replace page 3 with the attached revised page
3.
NO OTHER CHANGES AT THIS TIME.
This form should be signed and returned with your proposal.
Name: f !
Signature: .a
Company: L_! . + . ........
Date: fir.::.........m,_..._.. _....—
CITY OF DENTON
RFP FOR PURCHASE AND INSTALLATION OF MOVABLE WALL SYSTEM FOR PUBLIC
SAFETY TRAINING FACILITY
Color Option
• Supplier must supply an alternate price using MDF faces pre -painted with rotogravure, 5-layer
paint coat in lieu of HPL finishes.
Track and Support Characteristics
• Panels shall be operated on an overhead tracking system, which create a 4' x 4' grid pattern.
• Panels must have two (2) counter -rotating top carriers per panel to allow travel through 90-
degree intersections of the track grid.
• Carriers to be self-lubricating steel ball bear wheels with Delron covered tires for smooth
movement.
• Track grid is overall nominally 48' 11 %" x 40' 7 15/15", creating 120, 4' x 4' sections. The
overhead system supporting the track
shall ht under 11' S". which is the height of existing
ceiling lights.,,,e t,aek grid Shall be 'at�� ro.e4h-t. This track grid dimension is
required due to the design and layout of the training rooms. Please refer to Exhibit 3 — City of
Denton Public Training Facility's Tactical Room Floorplans.
o Note: the floorplan provided is not to scale. The pricing proposed on the pricing sheet
(Exhibit 1) shall be based on the floorplan provided in Exhibit 3. The selected contractor
will be responsible for measuring the room prior to fabricating the movable wall system
materials to ensure accurate fitting.
• Track must be made from architectural grade aluminum with precision alignment. Roll -formed
steel track and steel tired carriers will not be accepted.
• Track grid must accommodate pre-existing jobsite load -bearing columns and must not interfere
with panel movement and layout combinations.
o The location of the four (4) load -bearing columns are indicated on page 2 of Exhibit 3 -
City of Denton Public Training Facility's Tactical Room Floorplans.
• Track must support up to 600 Ibs total weight per panel.
• Track must be self supporting using a pre-engineered structural support by the supplier. The
unit_ .. on anv existingstructureother
shall beself-contained, and shall not trarr,fer any weight ..
t„han the floor.
• Pre-engineered overhead support structure with 4' on center required with system.
PAGE 3 OF RFP #5301 EXHIBIT 2
Exhibit D
Contract # 5301
Conflict of Interest Questionnaire
CITY OF DENTON
RFP FOR PURCHASE OF MOVABLE WALL SYSTEM FOR PUBLIC SAFETY TRAINING FACILITY
ATTACHMENT G
-
PAGE 56 OF RFP #5301
Exhibit E
Contract # 5301
Supplier's Best and Final Offer Pricing
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Exhibit F
Contract # 5301
City of Denton's Insurance Requirements
CITY OF DENTON
RFP FOR PURCHASE OF MOVABLE WALL SYSTEM FOR PUBLIC SAFETY TRAINING FACILITY
ATTACHMENT A
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSENTATION REQUIREMENTS
Respondent's attention is directed to the insurance requirements below. It is highly
recommended that respondents confer with their respective insurance carriers or brokers to
determine in advance of Proposal/Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein. If an apparent low respondent fails to comply
strictly with the insurance requirements, that respondent may be disqualified from award of the
contract. Upon contract award, all insurance requirements shall become contractual
obligations, which the successful contractor shall have a duty to maintain throughout the course
of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed and
accepted by the City of Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
As soon as practicable after notification of contract award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance including any applicable
addendum or endorsements, containing the contract number and title of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification
of any insurance requirements at any time; however, Contractors are strongly advised to
make such requests prior to proposal/bid opening, since the insurance requirements
may not be modified or waived after proposal/bid opening unless a written exception has
been submitted with the proposal/bid. Contractor shall not commence any work or
deliver any material until he or she receives notification that the contract has been
accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
Any deductibles or self -insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self -insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
• Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
0 That such insurance is primary to any other insurance available to the Additional
PAGE 43 OF RFP #5301
CITY OF DENTON
RFP FOR PURCHASE OF MOVABLE WALL SYSTEM FOR PUBLIC SAFETY TRAINING FACILITY
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability,
• Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
• Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double
the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage,
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required,
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
PAGE 44 OF RFP #5301
CITY OF DENTON
RFP FOR PURCHASE OF MOVABLE WALL SYSTEM FOR PUBLIC SAFETY TRAINING FACILITY
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination
of basic and umbrella or excess policies. The policy will include bodily injury and
property damage liability arising out of the operation, maintenance and use of all
automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
• any auto, or
• all owned hired and non -owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
[X] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
$500,000.00 combined bodily injury and property damage per occurrence with a
$1,000,000.00 aggregate,
[ ] Fire Damage Legal Liability Insurance
PAGE 45 OF RFP #5301
CITY OF DENTON
RFP FOR PURCHASE OF MOVABLE WALL SYSTEM FOR PUBLIC SAFETY TRAINING FACILITY
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery
inside/outside the premises, burglary of the premises, and employee fidelity. The
employee fidelity portion of this coverage should be written on a blanket basis to cover
all employees, including new hires. This type insurance should be required if the
contractor has access to City funds. Limits of not less than $ each
occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts
and specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
PAGE 46 OF RFP #5301
CITY OF DENTON
RFP FOR PURCHASE OF MOVABLE WALL SYSTEM FOR PUBLIC SAFETY TRAINING FACILITY
ATTACHMENT A
[Xj Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
w
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. if the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
PAGE 47 OF RFP #5301
CITY OF DENTON
RFP FOR PURCHASE OF MOVABLE WALL SYSTEM FOR PUBLIC SAFETY TRAINING FACILITY
coverage for all persons providing services on the project; and
2. no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
I. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
PAGE 48 OF RFP #5301
CITY • DENTON
F t LL SYSTEM FOR PUBLIC SAFETY TRAINING FACILA
notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by
workers' compensation coverage for the duration of the project, that the coverage
will be based on proper reporting of classification codes and payroll amounts, and
that all coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions
contract by the contractor which entitles the governmental entity
contract void if the contractor does not remedy the breach within
receipt of notice of breach from the governmental entity.
is a breach of
to declare the
ten days after