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Item 5HCity of Southlake, Texas MEMORANDUM TO: Shana Yelverton, City Manager FROM: Deb Russell, Purchasing Agent SUBJ Award of bid to American Communications to purchase, deliver, and install Outdoor- Warning Sirens and to provide Training on Equipment, item 5.H. Action Requested: City Council consider award to American Communications to purchase, deliver, and install Outdoor Warning Sirens and to provide training on Equipment. Background Information: The Southlake Department of Public Safety advertised a. Request for Proposals (RFP) regarding the design and installation of Outdoor Warning. Sirens. The RFP was advertised beginning January 13, 2006 and lasting until January 26, 2006. Th-- proposals received at that time did not meet the needs of the city and were subsequently rejected. A new scope of work was created and a. new request for bids was advertised. The City received only one responsive bid. during our second request for bids. The new bid received on July 12, 2006 meets or exceeds all requirements and is roughly $58,000. under budget. The purchase of Outdoor Warning Sirens will compliment the Alert AM radio station currently operating within the city. Warning Sirens provide an excellent form of communication to residents and visitors located outdoors. Each CISD school within Southlake will receive a tone alert radio that will activate along with the sirens. The combination of warning sirens, tone alert radios and the Alert AM radio stations will provide: the city with effective emergency communications far into the future. We recommend the award to the sole responsive bidder in the bid amount of $134,326.65. Financial considerationst The proposed award amount is under the original, proposed. budget amount. The total cost of the waiving sirens, including installation, testing tmining is not to exceed $134,326.65. Shana Yelverton City Manager August 4, 2006 Page 2 Citizen Input/ Board Reviews: Citizen input has been positive /not subject to board review. Leg-.d Review The City Attorney reviewed and approved the Request for Bids (RFB) and applicable documents. Alternative: Deny award to American Communications and re -bid project. Note: Denial of award to American Communications and re- bidding this project would delay installation by at least four months. Supporting Documents: Bid Tabulation RFB #RFB 1205A130RK600104 Recommended Letter of Agreement Staff Recommendation: Award to and contract with American Communications to purchase, deliver, and install Outdoor Warning Sirens and to provide Training on Equipment. Staff' Contact: Chief Robert Finn, Deputy Director /Chief of Fire Services CITY OF SOUT14LAKE DEPARTMENT: PUBLIC SAFETY BID TABULATION FORM PROPOSAL DUE: 7/12/2006 RFB #: RFBI 205A30RK600104 Form Prepared By: Deb Russell AMERICAN Date Prepared: 7.24.06 COMMUNICATIONS NO BID: Quoter #: PROSECURE, INC. Contact Name: ROBERT PARSON A -ALARM FIRE & SECURITY SYSTEMS Contact Number: 817.831.3865 UNITED SECURITY ASSOCIATES 2321 SOLONA Physical Address: FORT WORTH, TX 76117 GREAT SOUTHWEST FIRE & SAFETY ITEM Description: MID -STATE COMMUNICATIONS & ELECTRONICS, INC. Item 1. Five (5) Each Whalen WPS 2810 or 2910 Series Warning Sirens g 88,222,15 VISE MODEL MANAGEMENT CONSULTING Item 2. Five (5) Each Concrete Poles for Each Siren $ 14.275.00 SAFETY COM: Bid considered non- responsive. Safety Com mailed bid to wrong location and subsequently their bids were returned to them unopened. Item 3, Installation Services and Locations: Item 1a. 1 Svc Installation Services for DPS East site 557 North Carroll, Southlake, TX $ 3,200.00 Item 3.b. I Svc Installation Services for DPS West site 2100 West Southlake Blvd., Southlake, TX $ 3,200.00 Item 3.c. 1 Svc Installation Services for Southlake Sports Complex site, 2100 Crooked lane, Southlake, TX $ 3,200.00 Item 3.d. I Svc Installation Services for Bicentennial Park site, 400 North White Chapel Rd. Southlake, TX $ 3,200.00 Item 3.e. I Svc Installation Services for Bob Jones Park site, 3907 North White Chapel Rd., Southlake, TX $ 3,200.00 Item 4. Training Services and Number of Attendees: Item 4.a. On -Site System Training for Ten (10) or More City Employees included Item 4.b On -Site System Training for Eleven (11) or More City Employees included price per each $871.50 Additional: 13 VA2000 Dedicated Receivers $ 11 ,329.50 TOTAL ALL AREAS: $ 129,826.65 Item S. 1 Svc Armual Maintenance Services for All Equipment (Beginning Year 2) $ 6,090.00 Item 6. Svc / Replacement Provide 25 -Year Cost Out on all possible items that are to be provided by the bidder. $ 9,114,00 ALTERNATE PRICING; Item 7. Five (5) Each Steel Poles for Each Siren NO BID NOTE TO PURCHASING AGENT: Request award to American Communications for the following reason(s): Low Bid Delivery Time Emergency repair (explain other) City of Southlake Purchasing Diklision REQUEST FOR BIDS The City of Southlake is soliciting sealed bids to award an annual agreement to a qualified Contractor to provide: the following described goods and services for the Public Safety Department/Division: Outdoor Warning Sirens and training as more fully described in Appendix A attached hereto. The intent of this request is to establish an agreement with a qualified Contractor to provide these goods and services for the City. Request for Bid Reference Number: RFB1205A13ORK600104 Subject: PURCHASE, DELIVER, INSTALL OUTDOOR WARNING SIRENS AND PROVIDE TRAINING ON EQUIPMENT Bid Closing Date: 3:00 P.M., Wednesday, July 12, 2006. TABLE OF CONTENTS Tableof Contents ...................................................................... ............................... ...........................Page 1 Request for Bids (1) Introductions ................................................................................. ............................... .............Page 2 (2) Definitions ............. ............................... ...........................Page 2 (3) General Information ....................................................... ............................... ...........................Page 3 (4) RFB Withdrawals and/or Amendments .......................... ............................... ...........................Page 4 (5) Bid Submittal Requirements ........................................... ............................... ...........................Page 4 (6) Bid Evaluation ................................................................ ............................... ...........................Page 5 (7) Contract Award ............................................................... ............................... ...........................Page 7 Appendix A — Scope of Services (1) Project Title .................................................................... ............................... ...........................Page 8 (2) Scope of Services Contact .......................................................... ............................... ...............Page 8 (3) Submittal Requirements ......................................................................... ............................... ....Page 8 (4) Special Conditions .......................................................... ............................... ...........................Page 8 (5) Bid Evaluation Factors ................................................... ............................... ...........................Page 8 (6) Brand Manufacture Reference ........................................ ............................... ...........................Page 8 (7) Key Events Sch edul e ........................................................... ............................... ......................Page 8 (8) Bonds .............................................................................. ............................... ...........................Page 8 (9) Scope of Services ............................................................ ............................... ...........................Page 9 Appendix B — Bid ( -) Sealed Envelope Label ...................................................... ............................... ............Page 18 (1) Proposed Service and/or Product .................................. ............................... ...........................Page 19 (2) Cost of Proposed Services and/or Product and Schedule of Pricing ........... ...........................Page 19 (3) Delivery of Product and/or Services ............................. ............................... ...........................Page 21 (4) Bidder's Experience I Staff ................................................................... ............................... ...Page 22 (5) Independent Contractors Status .................................... ............................... ...........................Page 22 (6) References .................................................................... ............................... ...........................Page 23 (7) Certification of Bidder .................................................. ............................... ...........................Page 24 (8) Trade Secrets and /or Confidential Information ............ ............................... ...........................Page 25 (9) Signature Block ............................................................ ............................... ...........................Page 26 Appendix C — Conflict of Interest Questionnaire ................ ............................... ...........................Page 27 Appendix D — No Intent to Submit Form ............................ ............................... ...........................Page 29 City of Soutlxlake - RFB1205A130RK600104 - April 13, 2006 - Page 1 of 29 Southlake, Texas Request for Bids 1. Introduction A. Project Overview The City of Southlake is requesting Bids with the intent of awarding a contract for the purchase of goods and services contained in Appendix A — Scope of Services. B. No Intent to Submit If you do not wish to submit a bid at this time, please submit a "No Intent to Submit Form" (See Appendix D) via fax to (817) 748 -8048 or mail to the City of Southlake Purchasing Division, 1400 Maim Street, Suite 4440, Southlake, Texas 76092, C. Bidder Registration All potential Bidders who pick up a RFB packet must register with the Purchasing Agent. Potential Bidders receiving this Request other than directly from City should also register with the Purchasing Agent, so that the City may notify all potential Bidders in the event an addendum is issued. D. Questions: Following are contacts for questions as identified. RFB Clarifications All questions related to requirements or processes of this RFB should be submitted in writing to the Purchasing Agent identified in section 2 below. ii. Scope of Service Questions All questions related to the scope of service should be submitted in writing to the contact person(s) noted in Appendix A — Scope of Services. iii. Replies The City shall not be bound by any reply to an inquiry unless such reply is made by forinal written addenda. Oral interpretations or clarifications will be non - binding. Responses to inquiries which directly affect an interpretation or change to this RFB will be issued in writing by addendum and mailed to all parties recorded by City as having received a copy of the RFB. All such addenda issued by City prior to the submittal deadline shall be considered part of the RFB, and the Bidder shall be required to consider and acknowledge receipt of such in his Bid document. E. Notification of Errors or Omissions Bidders shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFB. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous. F. Conflict of h7terest Questionnaire (Form ClQ) A person or business, and their agents, who seek to contract or enter into an agreement with the City, are required by Texas Local Government Code, Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found in Appendix #C. The form must be filed with the City Secretary no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application, responds to a request for proposals or bids, correspondences, or other writing related to any potential sales agreement with the City. 2. Definitions Bid Document The signed and completely executed submittal of the entirety of Appendix B — Bid Document. City of Southlake - RFB1205A]30RK600104 - April 13, 2006 - Page 2 of 29 City Business: A business or firm with either its principal place of business or a significant business presence within the City of Southlake, Texas. City of Southlake { "City' } } : The City of Southlake, Texas. City Secretary's Office The office of the City Secretary of the City, located at 1400 Main Street, Suite 9270, Southlake, Texas 76092. PH: (817) 748 -8016; Fax: (817) 748 -8270. Disabled Person: A person who suffers from a disability as defined by one or more of the following the United States Americans with Disabilities Act (42 U.S.C. 12101, et seq., the Texas Commission on Human Rights Act, Texas Labor Code Section 21.001, et secs, or other applicable Historically Underutilized Businesses (HUB) A Historically Underutilized Business is a business of which at least 51 percent of the business, or of the stock in the case of a corporation, is owned by one or more minority persons, women, or disabled persons, the management and daily business operations of which is controlled by one or more minority persons, women, or disabled persons. Minority / Women's Business Enterprise (M/WBE } : A Minority Business Enterprise is a business that is owned and controlled (as defined above in the HUB definition) at a minimum of 51 percent by one or more women or minority persons. A Women Business Enterprise is a business that is owned and controlled (as defined above in the HUB definition) at a minimum of 51 percent by a non- minority woman or women. . Minority Person A person who is a citizen or lawful permanent resident of the United States and who is a member of any race other than Caucasian. Project The name of this Request for Bids as identified on the cover sheet and first page of the Request for Bids herein. Bidder The Bidder and the Bidder's designated contact signing the last page of the Bid Document. Purchasing Agent The Purchasing Agent for the City; Deborah Russell, PH: (8 17) 748 -8940, E -Mail: drussellk,ci.southlake.tx.us Fax (817) 748 -8048. Request for Bids (RFB) The entirety of this document to include all Appendices. Scope of Services The entirety of Appendix A — Scope of Services. Centralized Master Bidders List (CMBL) A master database used by State of Texas purchasing entities to develop a mailing list for vendors to receive bids based on the products or services they can provide to the State of Texas. (Manufacturers, suppliers, and other vendors wishing to furnish materials, equipment, supplies, and services to the state should apply to be on the CMBL to receive bidding opportunities as outlined by the State of Texas Building and Procurement Commission.) 3. General Information A. Tax Exempt Status Purchases made by the City are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Bid. Excise Tax Exemption Certificate will be furnished by City upon request. City of Southlake - RFB1205A]30RK600104 - April 13, 2006 - Page 3 of 29 B. HUB / MWBE It is the policy of the City to encourage the use of HUB and MWBE certified businesses and City businesses in prime contracts, subcontracts and purchasing transactions. Contact the Purchasing Agent for assistance in identifying HUB / MWBE or City businesses, or obtaining certification as a City business. C. Public 1»spection of Proposals The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFB information. Bid Documents are not available for public inspection until after the contract award. It is the understanding and position of the City that if the Bid Document contains trade secrets and confidential information, then the Bid Document may not be open to public review even after the Bid award. It is the intent of the City that if the Bidder has notified the City, in writing, that the Bid Document contains trade secrets and confidential information, and the City receives a request under the Texas Public Information Act for such information, or if such information is otherwise requested pursuant to applicable law, the City would generally take reasonable steps to prevent disclosure of such trade secrets and confidential information, such as by submitting such information to the Texas Attorney General for a determination as to whether such information is exempt from public disclosure or by notifying the Bidder submitting such information that a request for disclosure has been made, in order to permit the Bidder to take legal action to prevent such disclosure. The Bidder is hereby notified, however, that this is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so.. No Bidder is authorized to make any public disclosures or issue any news releases pertaining to this Request without prior written approval of City. D. Payment Terms Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terns for the City are Net 30 days upon receipt of invoice. Bidder may request additional payment term options and discounts for City to consider. E. Title to Goods and Risk of Loss For goods to be provided by Bidder hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the systern, and determined that it is in good and acceptable working order. 4. RFB Withdrawals and/or Amendments A. RFB Withdrawal The City reserves the right to withdraw this RFB for any reason. B. RFB Amendments The City reserves the right to amend any aspect of this RFB prior to the Bid submittal deadline and will endeavor to notify all potential Bidders that have registered in accordance with Section I .0 herein, but failure to notify shall impose no obligation or liability on the City. The City may reject any Bid that fails to incorporate the terms of any amendment as non- conforming, regardless of whether the Bidder actually received notice of such amendment, or the City may elect, in its discretion, to waive such non - conformance, and consider such Bid as submitted. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in this RFB, or any resultant contract. All changes will be made in writing and shall not be effective unless signed by the Purchasing Agent. 5. Bid Submittal Requirements City ofSouthlake - RFBI20SAI3ORK600I04 - April 13, 2006 Page 4 of 29 A. Submittal Deadline The deadline for submittal of Bids shall be as identified on page B -1 of Appendix B -Bid. It is the bidder's responsibility to have the Bid correctly marked and delivered to the City Secretary's Office by the submittal deadline. B. The bidder must acknowledge all addenda by both signing and returning such docu.inent(s) or by initialing appropriate area of the Bid document C. Bid Received Late The time and date recorded in the City Secretary's Office shall be the official time of receipt. The City is not responsible for non - delivery of mail, carrier, etc. to the City. Late Bids will not be considered under any circumstances. D. Withdrawals Any submitted Bid may be withdrawn if a written withdrawal notice is submitted to the City Secretary prior to the submittal deadline. Otherwise, such Bid shall be binding on the Bidder at the discretion of the City. E. Alterations of Bid Document Bid Documents, unless approved by the Purchasing Agent, cannot be altered, amended or withdrawn by the Bidder after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Agent,. Any interlineations, alteration, erasure or other amendment made before the submittal deadline, must be signed or initialed by the Bidder or the Bidder's authorized agent, guaranteeing authenticity. 1~. Submittal Packet All Bid Documents, originals and copies in duplicate as identified on page B -1, shall be submitted in a sealed envelope with a completely executed page B -I affixed to the outside of the envelope. G. Bid Document Format All Bid Documents must be prepared in single -space type, on standard 8- 1/2" x 11" vertically oriented pages, using one side of the paper only. Pages shall be numbered at the bottom. Entries shall be typed, or legibly written in ink. Any other format (via telephone, fax, etc.) shall not be considered a valid Bid. H. Validi Period Once the submittal deadline has passed, any Bid Document shall constitute an irrevocable bid to provide the commodities and/or services set forth in the Scope of Services at the price(s) shown in the Bid Document, such bid to be irrevocable until the earlier of the expiration of ninety (90) days from the submittal deadline, or until a contract has been awarded by the City. 1, Bid Content Bidder shall submit a completely executed and signed Appendix B as the formal Bid Document. J. Evidence of Authority: Each Bid Document, bond, or other required document for which signature is required and which is signed by an agent or attorney -in -fact must be accompanied by evidence that the agent or attorney -in -fact executing the document has actual authority to execute the document on behalf of the Bidder. 6. Bid Evaluation A. Best Value or Interest City reserves the right to determine which Bid provides the City with the best value or which will be in the City's best interest. B. Unit Prices and Extensions If unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Bidder will be bound thereby. City of Southlake - RFB1205A130RK600104 - April 13, 2006 - Page 5 of 29 C. Deviation from Scope of Services Any deviations from the required Scope of Services and suggested alternates must be clearly shown with complete information provided by the Bidder. They may or may not be considered by the City, at its discretion. D. Ambiguity Any ambiguity in the Bid Document as a result of omission, error, lack of clarity or non - compliance by the Bidder with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFB requirements and details provided in Appendix A — Scope of Services or Appendix B — Bid, the Appendices shall prevail. E. Product Samples and Demonstrations Bids shall be considered only from bidders who, in the judgment of the City are regularly established in business, financially responsible, able to show evidence of satisfactory past performance, and ready, willing and able to render prompt and satisfactory services. Samples and /or demonstrations of the products, when required, shall be furnished free of cost to the City for inspection and consideration. F. Bid Evaluation Factors A variety of factors may be utilized in the evaluation of the submitted Bid Documents for this project. The evaluation factors and anticipated emphasis for each factor shall be as identified in the Scope of Services. G. Evaluation Process and Acceptance of Evaluation Methodology A committee comprised of support staff members from various City departments will evaluate the Bid Documents. Submission of a Bid indicates Bidder's acceptance of the evaluation technique and Bidder's recognition that some subjective judgments may be made by City during the evaluation and award process. H. Completeness Only those Bid Documents that include all requirements noted herein will be considered. If the Bid Document fails to conform to the requirements of the RFB, City alone will determine whether the variance is significant enough to consider the Bid Document susceptible to being made acceptable and therefore a candidate for further consideration, or not susceptible to being made acceptable and therefore not considered for award. 1. Compliance with Requested Information After all negotiations, but prior to final acceptance of the proposed product or service, the City reserves the right to perforn a visual inspection and request a physical demonstration to verify compliance with all proposed specifications, features, functions, and operational requirements. Should the final proposed product or service fail to meet what was proposed by the City, the successful Bidder agrees that the City may elect to do any of the following: i. Reject the bid and void the purchase as to any and all items. ii. Require specific performance as proposed and accepted by the City at no additional cost to the City. J. City may request other information to detennine Bidder's ability to meet the minimum standards listed above. City of Southlake - RFB1205A]30RK600104 - April 13, 2006 - Page 6 of 29 7. Contract Award A. Contract Award Process An award for the services or product acquisition specified herein will be made following a procedure using competitive sealed Bids and in accordance with the City's purchasing policy. Bid Documents will be opened publicly to identify the names of the Bidders. After opening, an award may be made on the basis of the Bids initially submitted, without discussion, clarification, modification, or negotiation with any of the Bidders. City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Bidders based on the unit prices proposed in response to this request, or to reject any and all Bids and re- solicit for Bids, as deemed to be in the best interest of City. City of Southlake - RFBI205AI3GRK600I04 - April 13, 2006 - Page 7 of 29 Appendix A — Scope of Services 1. 2. 3 4 5 rii 7 8 Project Title; PURCHASE, DELIVER, INSTALL OUTDOOR WARNING SIRENS AND PROVIDE TRAINING ON EQUIPMENT Scope of Services Contact Questions about the technical nature of the Scope of Services, etc. may be directed to Ross Kormas, PH. 817.748.8624, e -mail: rkormas @ci.southlake.tx.us. All Bidders are invited review City's responses on the City's website at: www.ci.southlake.tx.us Submittal Requirements The Bid Document must include one (1) signed original spiral bound document and nine (9) spiral bound copies. Special Conditions The following special conditions shall prevail over areas of conflict in previous pages: No special conditions exist for this contract. Bid Evaluation Factors Emphasis Factor 5% Proposer experience and past performance/references 30% Total proposed package 25% Ability to meet or exceed the goals of the City of Southlake 5% Leading edge technology 15% Support, Warranty and Maintenance 205 Best Value Brand Manufacture Reference The City has determined that any manufacturer's brand defined in the Scope of Services meets the City's product and support need. The manufacturer's reference is not intended to be restrictive, and is only descriptive of the type and quality the City desires to purchase. Quotes for similar manufactured products of like quality will be considered if the Bid is fully noted with the manufacturer's brand name and model. The City reserves the right to determine products and support of equal value, and whether other brands or models meet the City's prduct and support needs. Key Events Schedule Sealed Bids Due to and Opened by City* Completion of Project Shown on first Page of this RFB December 1, 2006 Bonds City of Southl ake - RFB1205A]30RK600104 - April 13, 2006 - Page 8 of 29 The following bonds are required for any submitted Bid: The successful Bidder shall be required to deliver to the City the following bonds issued by a good and sufficient surety licensed by the State of Texas and satisfactory to the City: (1) a performance bond in the amount of 100% of the total bid amount insuring full, faithful, and prompt perfonnance of the responsibilities contained in this Request within the time parameters provided in this Request, and for the payment of all persons performing labor and /or furnishing materials in connection with this project; and (2) a maintenance bond insuring full and prompt maintenance, repair and/or replacement of the goods to by provided by Bidder for a period of two years from date of acceptance as defined herein. Scope of Services The City of Southlake (The City) desires sealed bids from qualified vendors for an Outdoor Warning System to provide outdoor warning to the major parks and outdoor gathering areas. A. Scope Desired Specifications a. An Outdoor Warning System utilizing the Whelen WPS 2810 or 2910 series warning siren, including all of the following: 1. Provide equipment specifications using the Whelen WPS 2810 or 291.0 warning siren 2. Provide 12 tone alert radios for use in schools 3. Furnish and install new equipment 4. Provide training for system operators and maintenance technicians 5. Provide maintenance and technical support 6. Provide for future expansion of the system to include additional siren sites The City desires a "turn -key" system to include complete installation of and training on the system. It is the intent of the City that the selected bidder shall be solely responsible for the complete installation and engineering of the system and all interconnecting systems. Bidder shall furnish all staffing, including, but not limited to; designers, developers, engineers, technicians, supervisors, etc, to complete all proposed work. The bidder shall provide the most cost effective solution available to meet the City's requirements. However, the bid may contain separate, variable options for which the desired end result is equal or better. Specific requirements are included in subsequent sections. B. Background The City of Southlake is a rapidly growing community of 24,555 citizens and roughly 22 square miles. Located in the heart of North Texas, Southlake offers a small town atmosphere with all the amenities of a much larger city. Southlake is located at the south end of Grapevine Reservoir and is bordered by the Cities of Grapevine, Westlake, Keller and Colleyville. Southlake is centrally located between DFW International Airport (5 miles east) and Alliance Airport (8 Wailes west). City of Southlake - RFB1205A]30RK600104 - April 13, 2006 - Page 9 of 29 A Requirements i. Point of Contact The City prefers that Bidder have a single point of contact. Provide the name, title, address, telephone number, fax number and e-mail address of the point of contact. City of Southlake single point of contact for this bid is Deb Russell, Purchasing Agent. ii. Legal Bids must comply with all federal, state, county, municipal and local laws. W ' E. Certification The Bidder must certify that all material, equipment and personnel will be provided to accomplish the requirements of the system as proposed, at no additional cost above the bid price. Any cost(s) not identified, and subsequently incurred by the City, shall be the responsibility of the Bidder. All materials shall be new and unused. Organization Provide a listing of technical qualifications and managements capability to support the installation and continued support of the system. Include: i. The number of years in the business of providing emergency warning systems ii. Name and qualifications of Bidder principals who will work directly on this proj ect iii. Name and address of the manufacturer of the proposed system iv. Other manufactures who are represented in the bid V. Whether the Bidder will install the system or use subcontractors vi. Whether the Bidder will maintain the equipment or use subcontractors vii. How will the Bidder provide on -site assistance if needed viii. The location and the name of any case or cases of any litigation, adjudication or bankruptcy in the last five years with clients or other users or related to bids or installations. Please provide a brief explanation of background, status and resolution for each case listed. ix. Location of support personnel, number of support personnel qualified to maintain and repair the proposed system. Provide average and maximum response time the City may expect for service calls. X. Provide information on the availability of telephone assistance for operational and maintenance problems. If this service is available, the Bidder will provide phone numbers and a schedule of the hours of operation. F Siren Coverage The City desires to have the most coverage per siren that is possible while covering the parks and specified areas within the City limits. A total of five (5) sirens will be required to cover the five pre - designated siren sites. At a minimum, the sirens should be capable of 70dB range at 5,200 feet and 60 dB range at 10,400 feet. The siren shall be capable of delivering clear and powerful voice communication as well as standard siren tones. City of Southlake - RFE1205A]30RK600104 - April 13, 2006 - Page 10 of 29 NOTE TO BIDDER: At Bidder's discretion, Bidder may provide alternate bid for equipment that exceeds the minimum siren coverage area, capabilities and aesthetics. Alternate equipment bid shall be carefully marked and identified in Exhibit `B', Schedule of Pricing, as an Alternate bid. G. Equipment and Materials The design strength and quality of materials and workmanship proposed must conform to the highest standards of manufacturing and engineering. All items must be new and unused and in first class condition. If applicable, all contractors should be licensed by the State and the master license holder will have to be a registered contractor with the City of Southlake. All equipment furnished by the Bidder shall be installed and tested in accordance with the current industry standards, which shall be considered minimum requirements. i. The American National Standards Institute (ANSI) ii. The Institute of Electrical and Electronic Engineers (IEEE) iii. The 2002 National Electric Code (NEC) hi addition, where test standards exist, all materials and equipment furnished by the poropser for electrical construction shall bear the label of the Underwriters Laboratory (UL). H. Project Plan All Bidders shall present a Project Plan detailing the scheduleltirne line for equipment ordering, equipment delivery, installation, training and implementation with tentative deadlines. The Bidder does not need to provide specific dates but a timeline for each goal during the installation process. The city's goal is to have the sirens operational by fall of 2006. The task performed by the Bidder, as indicated by the proposed schedule, must be submitted as part of the bid documentation, thereby, submitted with Bidders bid. The proposed Project Plan referred to above should clearly identify which delivery, installation and implementation tasks will be performed by the Bidder. Based upon past projects, the Bidder should clearly and blatantly list separately any task that the Bidder feels to be the responsibility of the City of Southlake. The sequence of construction of the work under any contract shall be outlined by the selected Bidder and approved by the City. At time of award, the selected Bidder shall submit a Schedule of Construction covering the entire project, including dates of when each goal will start and finish and covering the entire process. The Schedule of Construction shall replace the Bidders `Project Plan' and be attached to the award contract agreement. This Schedule of Construction must be approved by the City before any work will begin. Siren Equipment Quantity and Locations A total of five (s) siren locations have been predetermined and will be installed at the specified locations. The city desires to use Tone Alert Radios in each of the twelve (12) schools within Southlake and one (1) additional tone alert radio for City usage. The Tone Alert Radios will work in conjunction with the sirens and will be included in the bid. The city also desires to City of Southlake - RFB1205A130RK600104 - April 13, 2006 - Page 11 of 29 utilize solar power where possible. Please include the price for both solar and AC powered sirens. Siren Locations: a. DPS East- 667 North Carroll b. DPS West: 2100 West Southlake Boulevard C. Southlake Sports Complex: 2100 Crooked Lane d. Bicentennial Park: 400 North White Chapel e. Bob Jones Park: 3907 North White Chapel K. Poles and Equipment Cabinets The City desires the use of concrete poles for sirens. However, steel pole prices are requested for comparison. The pole prices along with the actual siren and installation should all be separate line items. Demote equipment cabinets shall be designed, constructed and mounted to resist weather as well as to prevent tampering and vandalism. System Control A radio activated, computer operated system and. appropriate remote control devices shall control the system. The system shall be capable of activating all warning devices simultaneously, predetermined zones, groups of sirens and/or individual sirens by using the computer. The siren system shall be capable of silent testing as well as all standard testing capabilities. Pertinent data shall be automatically captured, stored in a database structure and compiled into management information reports. The system shall be capable of self - diagnostic and be capable of alerting system operators of a fault or error. Data shall be presented in various required electronic and hard copy reports, and readily made available to Microsoft based software. The computer hardware and software shall be made compatible with Microsoft Windows XP Professional, Pentium 4, 2.8 GHz computers. The computer Graphical user Interface shall provide the operator a map of the City which shall display the location of each siren and at a minimum, provide: i. Siren site power failure ii. Siren site backup power low or failed iii. Siren sire cabinet open iv. Siren activation V. Siren failure to activate vi. Siren test activation The application programs shall be simple and straight- forward, written in a manner that will be readily understood by a competent operator with minimal training and experience. The database functions shall be written in an accepted and respected language with structured programming discipline. The System User Interface application software must be intuitive, as well as easy to operate and learn. It must operate in a full screen mode, be menu driven and user friendly. Mouse operated systems are encouraged. City of Southlake - RFBI205AI30RK600I04 - April 13, 2006 - Page 12 of 29 Data input screens shall use input fields with the curser automatically moving to the next required field. Input fields should have appropriate edits to prevent entry of incorrect information. Proprietary software, hardware and specifications that require modifications leading to proprietary items will be avoided in all phases. Off -the -shelf or non- proprietary components are required fo• the entire system, and at a minimum must be designed to meet the following objectives: i. Control the activation of the warning system ii. Contain integrated security measures sufficient to prevent "malicious" activation by radio, siren location or control location iii. Contain reliable malfunction warnings iv. Contain integrated indicators of maintenance needs V. Record historic audit data for future analysis vi. Permit remote activation by telephone vii. Not interfere with the City owned and operated Alert AM radio station viii. Contain the capability to connect and coordinate between the AM radio and the siren for joint activation; (this may be included as a separate item). ix. Contain capability of adding additional siren sites L M. 11Stn11atin11 All deliveries, permits, and complete installation and testing shall be provided by the Bidder. The Bidder shall provide a listing of all software and hardware components, where delivered, installed and functionally tested, prior to City approval. All work performed under this bid shall be done in accordance with local, state and national electrical and mechanical code requirements by a registered, licensed and bonded contractor. All permits, utility locates, construction sites, materials storage, etc. shall be the Bidder's responsibility. AC power for the siren and control boxes may be obtained from existing City facilities or from the local electric service company. Any cost associated with providing power to the devices is the sole responsibility of the .Bidder. All associated permits, contractor registration and inspections shall be the responsibility of the Bidder and their subcontractors. All electrical work shall be in accordance with the 2002 National Electric Code and all wiring shall be enclosed in steel conduit and junction boxes, unless otherwise approved by the City in writing prior to commencement of such work. All equipment shall be designed and. constructed for the services intended and of good quality. Care shall be taken to install all components in a manner which will reasonably protect the equipment from the elements. Trainin Bidders shall provide a training plan outlining the training curriculum for training City staff members in the use of the new system. All requirements for such training shall be provided by Bidder and all costs shall be included in the bid. Training shall be conducted at City facilities or other location provided by the Bidder and approved by the City in writing. NOTE TO BIDDER: City estimates at a minimum, ten city employees will attend training. City of Southlake - RFB1205A130RK600104 - April 13, 2006 _ Page 13 of 29 The Bidder shall provide full training in all aspects of the system to cover activation, monitoring, trouble shooting, data input/report generating, maintenance and system backup. Each area shall be covered in sufficient detail to enable operators to maintain and operate the system and train new staff members. N. Documentation Bidder shall provide a minimum of 10 copies of all system manuals, schematics, engineering plans, surveys, and other pertinent information in both hard copy and CD form. The City reserves the right to reproduce any and. all documents for internal use. Full technical maintenance training on hardware and software not included in the maintenance contract shall be provided.. O. Acceptance Testing The system operation shall be tested and will include: a. Activation of the system as whole b. Activation of pre - determined zones C. intentional failing of the systems to test failure alerts d. Remote activation (if applicable) C. Public Address capability ii. Once the equipment has been successfully installed and all the required documentation has been delivered the Bidder shall inform the project manager, that the system is operational. Once the City receives notification and confirms installation, a 30 day operational testing period will commence. The City will not accept the system unless the system performs without interruption or failure of any part of the system, including software or hardware, during such testing period. In the event of any failure of any component of the system, the City may require a new 30 day testing period.. During this period all aspects of the system will be tested. The major conditions for performance acceptance are as follows: a. The equipment and software must operate as proposed. All supplied equipment must be fully functional 24 hours/day with 100% up time for no less then 30 continuous days..1~ailure to meet the requirement shall result in re- establishing a new operational verification start date as defined above. b. If the results prove inadequate, the City will require the Bidder to immediately make corrections to the hardware or software to correct the problem. This shall be done at no expense to the City. C. If, during the 30 day performance period, servicing, support or part replacement is required, this will be performed at no expense to the City. The system warranty and maintenance period will not begin until after the final acceptance testing period has been satisfactorily completed. iii. If the system fails any aspect of the performance acceptance test, the City may, at its discretion, do one or more of the following: City of Southlake - RFR1205A]30RK600104 - April 13, 2006 - Page 1.4 of 29 a. Develop a punch list of items requiring correction before the system is accepted.. b. Restart the 30 day operational verification period after the correction have been made. C. Tenninate the contract without liability, declare the Bidder in breach of contract, and recover contractually specified remedies and/or, d. Recover monies remitted to the Bidder and/or, e. Begin another series of perfonnance tests or perform modified tests to be passed by the system. f. Accept delivery of the system but pay diminished system or system maintenance costs and /or recover damages from the Bidder. iv. Date of acceptance: System acceptance shall be the day following satisfactory completion of the acceptance testing period, which will require the system to be fully operational 24 hours a day with 100% up time for not less then thirty (30) continuous days. P. System Expansion The system shall be designed so it is expandable as the City grows in the future. Q. Warran All work done, and all equipment and materials furnished under this contract shall be guaranteed free from defects for a period of five years frorn the date of acceptance. The guarantee shall be in writing and delivered to the project manager before the final payment is made. The contractor shall agree under this guarantee to replace any defective work or materials (regardless whether attributable to component failure or workmanship) on this project within ten (10) days after notification by a City representative. Replacement parts shall be available to be delivered within twenty four hours of receipt of order. Annual Maintenance a. Annual maintenance contract shall be included in the bid as a separate line item and. shall cover all regularly scheduled maintenance including battery replacement and other parts that will need to be replaced. This contract will also cover all equipment, including software and hardware and will include a separate maintenance program following the five year warranty period. b. The bid must outline their standard or proposed plan of action for the correction of problems during the warranty period. R. T financial Report Bids must include a financial report prepared by the Bidder's Finance Department describing the financial condition of the Bidder. City of Soutlilake - RFB1205A130RK600104 - April 13, 2006 - Page 15 of 29 S T. 25 -Year Cost Out The Bidder shall provide a 25 year pricing of all possible items that are to be provided by the Bidder or expected to be purchased by the City because of system expansion that will require yearly budgeting by the City over the 25 year life expectancy of the system, including, but not limited to: i. Maintenance of Hardware, especially moving parts or a total comprehensive maintenance agreement ii. Software upgrades, based on past historical trends iii. Hardware upgrades, based on past historical trends iv. Training refreshers on new technology V, Technical maintenance support contracts for hardware and software vi. Reasonable expansion Siren Specification Whelen WPS 2910 or 2810 series outdoor warning sirens with the following features and specifications shall be used (alternate features and specifications may be suggested with sufficient justification): i. General a. Warning sirens must cover outdoor parks, public gathering areas and inside the schools with tone alert radios. b. A total of twelve Tone Alert Radios for the schools within Southlake. Please include the individual price for each radio along with specifications and installation C. Omni direction high powered siren with public address capabilities mounted on 60' foot concrete poles or steel poles. Please include the price for both steel and concrete d. Sirens must have the ability to be silently tested e. Solar power /AC power with battery backup with a power loss and/or low battery warning. Solar power is preferred. f. Lightning arrestor for each siren g. Digital voice incssaging capability for recorded messages h. Aluminum, weather resistant locking control boxes with intrusion alarms ii. Environmental a. Operating Temperature: -30° C to + 60° C b. Storage Temperature: -65° C to + 125° C C. Humidity, Non Condensing 0 to 95% iii. Acoustic Performance a. 126 dB at 100' or better b. 70 dB at 5,200' or better C. 60 dB at 10,400' or better City of Southlake - RFB1205A]30RK600104 - April 13, 2006 - Page 16 of 29 The City believes that with these acoustic performance standards the estimated number of sirens the City needs to accomplish its goals is five {5 }. As stated above the sirens will be located at predetermined locations. U. Refer questions and/or contact with City Staff shall be coordinated through the Purchasing Agent. Purchasing Agent: Deborah Russell City of Southlake 1400 Main Street Southlake, TX 76092 817.748.8940 Drussell@ci.soutlilake.tx.us Proiect Manager: Ross Korkmas City of Southlake 2100 Southlake Blvd. Southlake, TX 76092 817.748.8624 Rkorki City of Southlake - RFB1205AI30AK600104 - April 13, 2006 Bid Preparation and Submission Page 17 of 29 Appendix B — Bid Document The requirements outlined in this Request for Bids represent the City's desired specifications and perforinance level. Bidders may take exception with or deviate from any of the specifications; however, each such exception or deviation must be noted and supported with written documentation. When exceptions or deviations are proposed, the Bidders are encouraged to offer alternate solutions and for additional features in their Bid Document. (Include this page with the Bid and affix a copy to the outside of the submittal packet's sealed envelope) RFB Number: RFB1205A130RK600104 Project Title: PURCHASE, DELIVER, INSTALL OUTDOOR WARNING SIRENS AND PROVIDE TRAINING ON EQUIPMENT Submittal Deadline: July 12, 2006, 3:00 p.m. Submit to: City Secretary's Office 1400 Maim Street Suite 270 Southlake, TX 76092 (817) 748 -8015 Bidder Information: Company: Address: Contact Name: Contact Title: PH: FX: Cell: E -Mail: I learned of this Request for Bids by the following means: ❑ Newspaper Advertisement ❑ Southlake Website ❑ Mailed Me a Copy ❑ City E -mail Notification ❑ Cold Call to City ❑ Other City of Southlake - RFB1205A]30RK600104 - April 13, 2006 - Page 18 of 29 Appendix B — Bid Document (cantinned) Proposed Services and/or Product A. Service Description Bidders should utilize this section to describe the technical aspects, capabilities, features and options of the service or product proposed. Literature / brochures or other technical infonnation may be used. B. Additional Hardware Description: Bidders should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the City in order to fully utilize the goods and /or service proposed. 2. Cost of Proposed Services and /or Product A. Bid Preparation Costs Bidders electing to respond to this Request are responsible for all costs of Bid preparation. The City is not liable for any costs incurred by a Bidder in response to this RFB. B. FOB ( delivery charges) All products offered shall be FOB final destination, with all delivery charges to be prepaid by the Bidder, and fully installed, tested, and accepted by the City. The City does not accept C.O.D. or collect shipments. All prices proposed shall include all charges, including delivery, installation and set -up fees. D. Packing„ Crating, and Cartage The cost of all special packing, boxing, crating, or cartage shall be included in the pricing specified in the Bid Document unless otherwise specifically stated in the City's Request for Bid. All packing, crating, or other debris resulting from the delivery or set -up of the commodity purchased shall be removed and properly disposed by the successful Bidder at no additional cost to the City, unless otherwise agreed to in writing by the City. E. Payment Discounts Cash or prompt payment discounts will not be considered in determining an award. All payment discounts offered will be taken, if earned and deemed in City's best interest. F. Pricing Pricing shall reflect the full Scope of Services defined herein; inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit. City will not recognize or accept any charges or fees to perform this work that are not specifically stated in the Bid G. Schedule of Pricing Bidder shall quote unit pricing in accordance with the Scope of Services in the attached `Exhibit B, Schedule of Pricing.' The Bidder can place quotes in this section or, at the Bidder's option, submit quotes on the Bidder's own forrn as long as such form follows the format and order of the Scope of Service. City of Southlake - RFB1205A]30RK600104 - April 13, 2006 - Page 19 of 29 Item # Quantity Description of Unit Cost Extended Price Products /Services 1. 5 each Whalen WPS 2810 or 2910 Series Warning Sirens $ $ ca 2. 5 each Concrete Poles for Each Siren $ $ ea 3..a 1 Svc Installation Services for DPS $ $ East site 557 North Carroll, ea Southlake, TX 3.b. 1 Svc Installation Services for DPS $ $ West site 2100 West Southlake ea Blvd., Southlake, TX 3.c. 1 Svc Installation Services for $ $ Southlake Sports Complex site, ea 2100 Crooked Lane, Southlake, TX 3.d. 1 Svc Installation Services for $ $ Bicentennial Park site, 400 ea North White Chapel Rd. Southlake, TX 3.e. 1 Svc Installation Services for Bob $ $ Jones Park site, 3907 North ea White Chapel Rd. Southlake, TX 4.a. 1 Svc On -Site System Training for a $ Minimum of Ten (10) City Employees 4.b. 1 Svc On -Site System Training for $ Eleven (11) or More City Employees 5. 1 annual svc Annual Maintenance Services $ for All Equipment 6, Svc/ Provide 25 -Year Cost Out on all Replacement possible items that are to be provided by the bidder. Provide $ this information on separate page and attach as Schedule of Pricing. Transfer calculated dollar amount in the Extended Total. City of Southlake - RFB1205A]30RK600104 - April 13, 2006 - Page 20 of 29 Alternate Pricing: Item # Quantity Description of Products /Services Unit Cost Extended Price 7. 5 each Steel Poles for Each Siren $ ea $ TOTAL ALL SCHEDULE OFPRICING LINE ITEMS]. THROUGH 7.: 1$ 3. Delivery of Products and /or Services A. Excess or Incorrect Commodities Products or materials delivered in error or in excess of the quantity ordered shall be returned at the successful Bidder's expense, unless otherwise agreed to in writing by the City. B. Delivery Date The Bid Document must show the number of days required to deliver and install the product or equipment after the receipt of the City's Purchase Order. This date may, where time is of essence, determine the successful Bidder. If the successful Bidder does not deliver in the promised time, fees for delay may be assessed as provided in this RFB beginning on the first day following the promised delivery date. If delivery delay is foreseen, the Bidder shall give written notice to City. City has the right to extend the delivery date if reasons appear valid, but is not required to do so. The Bidder must keep the City, through the City's designee, advised at all times of status of delivery. In the event of default in promised delivery (without accepted reasons) or failure to meet specifications, the City shall be authorized to purchase the commodities or services elsewhere and assess any increase in costs to the defaulting Bidder, who, by responding to or by submitting a Bid agrees to be responsible and liable for such costs, and promises to pay same within ten days of invoice. C. Substitutions or Cancellations No substitutions or cancellations are permitted without written approval of City. Delivery and /or work to be performed shall be done during normal working hours only, unless otherwise requested or agreed in writing by the City. D. Project Schedule Bidder must provide a project schedule noting all projected dates for the project, from start-up to completion. E. Operational Instructions / Manuals If requested by the City, the Bidder shall provide a complete set of operational instructions and descriptive literature for proper evaluation of the service or product proposed.. F. Required Training Should employee training be required as a result of this service or product, the successful Bidder shall provide on -site (or classroom, if applicable) instruction to designated City employees. This cost shall be included in the Bid. G. Material Safety Data Sheets (MSDS) If applicable, the successful Bidder shall provide the City with applicable MSDS documentation as required by applicable laws and regulations. City of Soutklake - RFB1205A]30RK600104 - April 13, 2006 - Page 21 of 29 H. Guarantees and Warranties Each Bidder shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Bidder with the Bid submitted. 1. Acceptance of Products and Services All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Bid, to the satisfaction of City and in accordance with the specifications, tenns, and conditions of the Scope of Service, and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided. City reserves the right to inspect the services performed or product delivered, and to determine the quality, acceptability, and fitness of such services or product upon delivery, add to reject any non- conforming goods, providing, however, that the City shall not be required to do so, and any failure by the City to do so shall not prohibit or bar the City from later asserting any non - conformance or breach of warranty. 4. Bidder's Experience / Staff A. Project Team Identify all members of the Bidder's team (including both team members and management) who will be providing any services proposed and include infornation which details their experience; B. Removal or Replacement of Staff If the Bidder determines that an assigned staff person must be removed or replaced for whatever circumstance, the replacement must be approved by City prior to joining the project C. Business Establishment State the number of years the Bidder's business has been established and operating. If Bidder's business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present, must be provided; Business Experience State the number of years-experience the business has: ; and the number of employees: ; D. Project Related Experience All Bids must include detailed information that details the Bidder's experience and expertise in providing the requested services that demonstrates the Bidder's ability to logically plan and complete the requested project. Independent Contractor Status Bidder agrees that Bidder and Bidder's employees and agents have no employer - employee relationship with City. Bidder agrees that if Bidder is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. A. Insurance The Bidder, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: City of Southlake - RFB1205A130RX600104 - April 13, 2006 - Page 22 of 29 i. Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; 6. ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations /Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage. References Bidder shall provide three (3) references where Bidder has performed similar to or the same types of services as described herein. Client / Company Naive: Contact Name: Contact Title: PH: EM: Date and Scope of Work Provided: Client / Company Name: Contact Name: Contact Title: PH: EM: Date and Scope of Work Provided: Client 1 Company Name: Contact Name: Contact Title: PH: EM: Date and Scope of Work Provided: City of Southlake - RFB1205A]30RK600104 - April 13, 2006 - Page 23 of 29 7. Certifications of Bidder In compliance with this RFB, and subject to all the conditions herein, the undersigned Bidder certifies and agrees to the following: A. Assn rig vents The rights and duties awarded the successful Bidder shall not be assigned to another without the written consent of the Purchasing Agent. Such consent shall not relieve the assigner of liability in the event of default by the assignee. B. Liens Bidder shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided under the City's request, by Bidder or Bidder's vendor(s) and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. C. Indemnification Bidder agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Bidder or any agent, employee, subcontractor, or supplier of Bidder in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees, and regardless of whether such claims, actions, suits, demands, proceedings, costs, damages and liabilities are caused in part by the negligence of the City, its officers, Council members, agents or employees. The Bidder agrees to protect and indemnify the City from all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of any alleged infringement of patents or copyrights arising from the Contractor's performance under the Contractor's Bid, including attorneys' fees and court costs. D. hidemnity for Patents Copyrights and Trademarks: Bidder hereby warrants that the use or sale of the products, materials and services delivered hereunder will not infringe on the rights of any patent, copyright, or registered trademark covering such materials and the successful Bidder agrees to indemnify and hold hannless the City for any and all costs, expenses, judgments, and damages which the City may have to pay or incur. E. Rights of Use All the work which can constitute intellectual property under applicable Iaw contracted with this project shall become the sole property of the City. F. Gratuities 1 Bribes Bidder certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Bidder, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFB or any contract with the City. G. Cooperative Governmental Purchasing Notice Other governmental entities utilizing interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFB from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity's debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the City of Southlake - RFR1205A]30RK600104 - April 13, 2006 - Page 24 of 29 RFB specifications. Prior to other governmental entities placing orders, the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. [ ] Yes, Others can purchase; [ ] No, Only the City can purchase. H. Franchise Tax Delin uenc : The Bidder is not currently delinquent in the payment of any franchise tax owed the State of Texas. I. Antitrust Laws Neither the Bidder nor any person, firm, corporation, partnership, or institution represented by or affiliated with the Bidder, has violated the antitrust laws of this State or the Federal Antitrust Laws, nor communicated directly or indirectly the Bid made to any competitor or any other person engaged in such line of business. The Contractor hereby assigns to the City any and all claims for overcharges associated with any contract resulting from this RFB which arise under either the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973), or the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. See. 15.0 1, et seq. (1967). J. Child Support Pursuant to section 231.006 (d) of the Texas Family Code, governing the payment of child support, the Bidder certifies that the Bidder is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. K. Eli ibg ility Pursuant to Section 2155.004 of the Texas Government Code, governing the collection of state and local sales and use taxes, the Bidder certifies that the individual or business entity named in this Bid is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. L. Debts of Bidder The Bidder agrees that any payments due the Bidder under this contract may be applied towards any debt of the Bidder to the City or the State of Texas, including but not limited to delinquent taxes and child support that is owed to the State of Texas and/or the City. M. Required Licenses Bidder certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Service herein. N. Authorijy to Subunit Bid and Enter Contract: The person signing on behalf of Bidder hereby certifies that the signer has authority to submit this Bid on behalf of the Bidder and bind the Bidder to any resulting contract. 8. Trade Secrets and /or Confidential Information This bid_ (does) _ (does not) contain trade secrets and /or confidential information. If so, please describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure. City of South lake - RFB1205AI30AK600104 - April 13, 2006 - Page 25 of 29 9. Signature Block If Applicable Please review the following items to determine their applicability to the Bid, and, if applicable to the Bid, provide the following information: Centralized bidders list registration number: # Prime contractor HUB / MWBE registration number: # C. Federal Employers Identification Number: #: D. An individual Bidder acting as a sole proprietor must also enter the Bidder's Social Security Number: # - - E. Pursuant to Section 231.006 (c) of the Texas Family Code, each Bid should include the name and Social Security Number of each person with at least 25% ownership of the business entity submitting Bidders that have pre - registered this information on the TBPC Centralized Master Bidders List have satisfied this requirement. If not so pre- registered, complete the following: Name: SSN: Naive: SSN: Name: SSN: Naive: SSN: I, the undersigned, have the authority to execute this bid and enter into a contract on behalf of the bidder. Printed Name of Authorized Representative: Signature of Authorized Representative: Signed this (day) of month), (year) City of Southlake - RFB120SA13ORK600104 - April 13, 2006 - Page 26 of 29 Appendix C - Conflict of Interest Questionnaire (CIQ) Inclusion of House Bill 914, Filing Conflict Disclosure Statements. A person or business, and their agents, who seek to contract or enter into an agreement with the City, are required by Texas Local Government Code, Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found below or on -line at www.ethies.state.tx.us The form must be filed with the City Secretary no later than seven (7) days aft the date the person or business begins contract discussions or negotiations with the City, or submits an application, responds to a request for proposals or bids, correspondences, or other writing related to al potential agreement with the City. Such persons and businesses, and their agents, must also file an updated questionnaire not later than Septemberl of each year in which the person or business begins contract discussions or negotiations with the City, or submits an application, responds to a request for proposals, quotes, or bids, correspondence, or other writing related to a potential agreement with the City, and within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate. An updated complete questionnaire is not required if the person or business filed a questionnaire or updated questionnaire after June 1 but before September 1. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local government entity OFFICE USE This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a ONLY person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7 °i business day after the date the person becomes aware of facts that require the statement to be filed. ,See Section 176.008, Local Government Code. A person commits an offense if die person violates Section 176.006, Local Government Code, An offense under this section is a Class C misdemeanor. A. Name of person doing business with local governmental entity. (Please Print) 2. ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated competed questionnaire with the appropriate filing authority later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local government entity with respect to expenditure of money. 4. Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. City of Southlake - RFB1205A]30RK600104 - April 13, 2006 - Page 27 of 29 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local govermnent entity FORM CIQ page 2 5. Name of local government officer with whom filer h as affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages t this Form CIQ as necessary. A. Is the local govermnent officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ❑ Yes ❑ No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? ❑ Yes No C. Is the filer of this questionnaire affiliated with a corporation of other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Ll Yes ❑ No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 17 Signature of person doing business with the governmental entity Date City of Soutlilake - RFB1205A130RK600104 - April 13, 2006 - Page 28 of 29 Appendix D — No Intent to Submit Form RFB1205AI30RK600104 PURCHASE, DELIVER, INSTALL OUTDOOR WARNING SIRENS AND PROVIDE TRAINING ON EQUIPMENT If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: City of Southlake Purchasing Division, Department of Finance 1400 Main Street, Suite 4440 Southlake, Texas 76092 Please check all items that apply: ❑ Do not sell the item(s) required. ❑ Cam - tot provide Insurance required. ❑ Cannot be competitive. ❑ Cannot provide Bonding required. ❑ Cannot meet specifications highlighted in the attached ❑ Cannot comply with Indemnification request. requirement. ❑ Job to large ❑ Job too small ❑ Do not wish to do business with the City of Southlake. ❑ Other: COMPANY NAME: Authorized Officer Name (Please print): Telephone: ❑.) Fax: ( ) I learned of this Request for Bids by the following means: ❑ City Advertisement ❑ City E -mail Notification ❑ Website ❑ Cold Call to City ❑ Mailed Me a Copy ❑ Other City of Southlake - RFB1205A130R1f600104 - April 13, 2006 - Page 29 of 29 DRAFT DRAFT August 15, 200 American. Communications 2321 Solona Foil Worth, Texas 76117 ATTN: Robert Parsons Vice President Subject: RFB #RFB1205A130RK600104, PURCHASE, DELIVER, INTALL OUTDOOR WARNING SIRENS AND PROVIDE TRAR, gbiG ON EQUIPMENT Dear Mr. Parsons: The City of Southlake is pleased to inform you that on August 15, 2006, the City Council awarded American Communications of Fort Worth, Texas, purchase order number XXXXXXX for the purchase of Outdoor warning Sirens. This purchase order is based on your bid to the City (Bid ##RFB 1205A I30RK600104), copy enclosed. The terms and conditions proposed and accepted in this purchase order are as follows: Rayinent Terms. 70% of $129,826.65 at completion of installation. Payment amount of $90;878.65 30% of $129;826.65 at acceptance of systern.by City.. Payment amount $38,948.00 Additional payments that may apply: The purohase and installation of Kenwood repeater in a `not to exceed' amount of $4,500.00 as per American's .request for bids response, page 5 of 12, Note `C.' Delivery Terms: FOB. Destination Delivery Address: City of Southlake., various addresses City Contact: Name of City employee & phone Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable SQUthlakc, TX 76092 Other. Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state, and local sales taxes. Enclosed is a tax exemption certificate for your files. All other specifications, terms and conditions: shall. be as provided in the original procurement documents. No other attacl rnenb to or 41. response to, this order will be accepted unless approved in writing b the Purchasing Agent of an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817.748.8940 with any questions. Sincesely, Deb - Russel', Purchasing Agent„ City of Southlake 140.0; Main, Street, Suite 440 Southlake, Texas 7 1 6092 d.russell@ci..souffila l'alee.tx.us Phone #' Fax: 917 Cc: Ross Kormas; Vickie DeWees,. Accounts Payable File (2 copies) DRAFT DRAFT DRAFT