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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 Q. 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ID E 7 C M Iz < I < I < z z V 0 LL r 0 111i 1111 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; PAGE 48 OF RFP #5301 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