2014-028ORDINANCE 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 A LRR(. 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; . U911,1
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�.���'� lwtl l,�lic Sal "et °Cnt it�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 Purchase'"I"erms and Conditions
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.
I I Au"W"JUA10 I I 00 1 — FFRIL =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, (33 U. S.C. § 1251 et seq.).
RFP 5301 Page 4 of 18
14. TRAVEL EXPENSES: All travel, lodging and per them expenses in connection with the Contract shall be pa
y,Supplier, unless otherwise stated terms.
,,...
RFP 5301 Page 5 of 18
DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is
reo
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 ecWjnment and an ► r
identified by the Supplier as such.
RFP 5301 Page 6 of 18
furnished 20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverable�
under deliverables e and clear of
encumbrances. The Su' r r hold
deliverables. the
WARRANTY SERVICES: - Supplier warrants and represents that all services to be provided
under ` Contract will be fully and timely performed in a g!yli and workmanlike manner in accordance wi
accepted generally f standards d practices, _ conditions, and covenants of ♦ ac
applicable a C local
Supplier A. The f d" or disclaim foregoing ! implied 1 1
M '. ! i ► ` ! o
RFP 5301 Page 7 of 18
P 5301 Page 8 of 18
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
P 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 of 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 j i�, the Su�#,lier's breach of anp of 6-
any such claim, the City shall have the right to monitor such claim • 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.
RFP 5301 Page 11 of 18
P 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 irawlied acce(itance of anp other existinV, or future default or defaults, whether of
a similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No
pre-printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to
change the terms, covenants, and conditions of the Contract,
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of
the terms of their agreement. No course of Prior deal in gr_bw *W' .ate e *L414-
trade shall be relevant to 'J'alwL
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.
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.
=Fgai " i ay ay, ff—wflT 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 800 am and 4:00 pm,
Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not
within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized
tesignee.
53. SIJRVIVABILITY 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 DEBARIMENT CERTIFICATION:
-a%2 4-t+Iq
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.
RFP 5301 Page 1 4 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.
D. The Suot ier shall deliver onl3i domestic end,*,roducts excevt to the extent that it syecified deliver,,, of foreiLn end
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 presented in
any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the
submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded supplier or supplier to be licensed by
the State of Texas, any and all fees and taxes are the responsibility of the supplier.
59. PREVAILING WAGE RATES: All suppliers will be 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
comv,,IN with all State Federal. and Local laws and re�uirements. The Su lo
,,Iier must comp.Ly 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
9,ni, v *-fiPir,;,;ments, The Citp 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 • negligence of the City of Denton. In the event
rrence under this Section the Su%licr will be excused from any further performance or observance of the
requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially
reasonable efforts to recommence performance or observance whenever and to whatever extent possible without
delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be
confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable
level of detail the circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract
will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either
I* AQw
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.
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.
• Muzzle Discipline
• Conditions of Weapons Carry
• Go Dry First Recommendations
• Qualified Range Safety Officer Discipline
o Denial Barriers
• Target Placement
• Training Weapons
o Ammunition Concerns
• Diversion Devices, Chemical Munitions, Smoke, Flangible Windows
• Observation Safety
• 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- 1-Q-' h.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 existing structure other
it 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
-
��CONFLICTOF INTEREST QUESTIONNAIRE
FORM CIQ
For vendor ot_other�rcmtslatt loin mmbusiness with local 92Y P mental entity �....,
This questionnaire reflects changes made to the law by 1`I.13, I491, 80th Leg., Regular Session. OFTICE USE ONLY
l is
riled accordance with
chapter 176 of the Local Government b person Date Received
who questionnaire
as abusinessrelat onshipas defined by Section 176.00 with a local governmental entity and the
person meets requirements under Section I76.006(a).
By law this questionnaire mast be filed with the records administrator of the local government entity not later
than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.
See Section 176.006, Local Government Code,
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An
offense under this section is a Class C rnisclemeanor,
Name or person who has a business relationship rvnh local governmental e tit
v governmental entity.
I
N q tJ �:
? j
❑ Cheek this box if you are filing an update to it previously filed questionnaire.
(The law requires that you rile an updated completed questionnaire with the appropriate tiling authority not later than the 7 "' business clay after the
date the originally filed questionnaire becomes incomplete or inaccurate.)
m filer has un employment or business relationship.
3 Name or local government officer with whom -._.
rP•
Name orOfticer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
[--I Yes ED No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
El Yes 0 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more? t•--,
Yes No
D. Describe each affiliation or business relationship,
._ . ......... .... ......
41
.
Signature of person doing business with the governmental entity Date
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
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;
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CITY • DENTON ILA
R1 F .- LL SYSTEM FOR PUBLIC SAFETY TRAINING FAC
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