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Resolution 32-12RECORD OF RESOLUTIONS Resolution No 32 -12 Passed 2 0 A RESOLUTION WAIVING COMPETITIVE BIDDING FOR THE IMPROVEMENT AND RETROFIT OF THE DUBLIN DIVISION OF POLICE FIREARMS TRAINING RANGE, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MEGGITT TRAINING SYSTEMS, INC. WHEREAS, Section 8.04(c) of the Revised Charter authorizes City Council, by a vote of no less than five (5) members, to waive competitive bidding requirements if Council determines it is in the best interest of the City to do so; and WHEREAS, the Firearms Training Range ("Range's was originally constructed in 1993 and it is necessary for the Range to be updated for training and qualification purposes; and WHEREAS, while the City did not engage in a formal bid process, the City solicited proposals from the two companies that are qualified to perform the necessary upgrades; and WHEREAS, the lack of vendors available to perform the upgrades is not conducive to a formal competitive bidding process; and WHEREAS, Council has determined that it is in the best interest of the City, based upon the proposals received, to waive competitive bidding for the improvement and retrofit of the Dublin Division of Police Firearms Training Range. NOO, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, _, b_ of its elected members concurring, that: Section 1. Competitive bidding requirements are hereby waived for the improvement and retrofit of the Dublin Division of Police Firearms Training Range. Section 2. The City Manager is hereby authorized to contract with Meggitt Training Systems, Inc. for the improvement and retrofit of the Dublin Division of Police Firearms Training Range and such contract amount shall not exceed $340,000.00 without further authorization of Council. Such contract shall be substantially in the form attached to this Resolution. Section 3. This Resolution shall be effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this day of 2012. i . ling Officer ATTEST: Clerk of Council City of Dublin Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 -410 -4400 • Fax: 614-410-4490 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager Date: June 14, 2012 Initiated By: Chief Heinz von Eckartsberg, Dublin Division of Police Memo Re: Resolution 32 -12 — Waiving Competitive Bidding for the Improvement and Retrofit of the Dublin Division of Police Firearms Training Range and Authoring the City Manager to Enter into a Contract with Meggitt Training Systems, Inc. Summary The Dublin Division of Police ( "Police's Firearms Training Range ("Range) was originally constructed in 1993, and it is necessary to update the Range for training and qualification purposes. Based on the experiences of the other agencies (Ohio State Highway Patrol, City of Hilliard, City of Bexley and Upper Arlington), it has been determined that the preferred course of action is to use a single vendor for the entire project. One of the key features of this upgrade is the installation of a wireless carrier system. From the research completed by the Police, it has been determined that only two vendors currently offer a wireless system. Meggitt Training Systems, Inc. ( "Meggitt' offers a wireless system that has been in use for several years, which the Police were able to view and test. Action Target, Inc. ( "Action'), through a subsidiary, introduced a new wireless system in 2012, which has not been installed anywhere in the United States (as of May 2012). The Police solicited formal proposals from both Meggitt and Action Target, Inc. The total cost for each proposal was as follows: Meggitt: $337,179 Action: $329,702 (Does not include any prevailing wage costs that would be applicable to this project) Funding for this project was included in the 2012 -2016 Capital Improvements Program and the 2012 Operating Budget. The total amount budgeted for the project was $445,000. Based on the limited number of vendors able to provide the services necessary for the project, staff recommends waiving competitive bidding and authorizing the City Manager to execute a contract with Meggitt based upon the following reasons: • The Police were able to test the wireless system by Meggitt, whereas the Action wireless system was just introduced and has not been installed at any facility in the United States. • The City currently uses a wired Meggitt system that utilizes the same software, thus this system would require less training time and costs. Memo re. Resolution 32 -12 — Waiving Competitive Bidding, Retrofit of Police Firearms Training Range June 14, 2012 Page 2 of 2 • The Meggitt system utilizes a tablet system that enables the instructor to remain with the shooter at all times on the floor, which is a major safety upgrade. Action does not offer a tablet function with its system. • The trap (bullet catcher) by Meggitt is a stair step design that has rubber sheets on top of the granulated rubber. It is believed that this design will reduce the amount of debris in the trap, which will reduce the amount of training time lost while the trap is cleaned. Recommendation Staff recommends approval of Resolution 32 -12 on June 18, waiving competitive bidding for the improvement and retrofit of the Dublin Division of Police firearms training range and authorizing the City Manager to execute a contract with Meggitt. May 11, 2012 Dublin Police Dept. 6565 Commerce Parkway Dublin, OH 43017 POC: Officer Jake Stoll E: i`stoll(odubiin.o;,,us MEG MTSI Proposal No.: MTS11USL5660 Rev 6 Re: Firearms Training Range Offer Type: Open Market Officer Stoll: Meggitt Training Systems, Inc. (MTSI) herewith offer our quotation price for the Base Proposal of $337,179.00 (Three Hundred and Thirty -Seven Thousand, One Hundred and Seventy -Nine US dollars) for the furnishing, delivery F.O.B. jobsite, equipment and services listed herein. In addition to the quotation price, you will be responsible for all Federal, State, and Local Taxes, Licenses, Permits, Bonds and Fees applicable to the sale. This quotation is valid for 60 days from the date hereof. Payment Terms are 100% net 30 days, Any deviation must be mutually agreed upon in writing. Delivery is typically 90 -120 days after receipt of order and upon return and approval of MTSI Submittal Drawings. This quotation will be attached to and made part of any forthcoming purchase order. Indication of acceptance shall be by authorized signature in the space provided below. If you should require any further information or assistance, please contact your sales representative listed below. Best Regards, Angela Mitchell Meggitt Training Systems, Inc. MTSI Sales POC: Tracy Newton Sales Support Department Account Manager MTSQuotes(a.meggitt.com 815.337.1376 v ww.megg itttraininpsystefns.com tracy,r.e Approved I Accepted for: Company: Authorized Signature: Title: Print Name: Date: Meggitt Training Systems, Inc. Tel: +1 678 28B 109 296 Brogdon Road, Suwanee, Georgia 30024, USA 1 of 6 Fax: +1 678 288 151 www.meggittlrainingsystems.com www.meg iticom Any and all information and data contained herein is the property of Meggitt Training Systems, Inc.; and shall not for any reason, whether tangible or intangible, be disclosed, duplicated, or used, in whole or in part, for any reason other than to evaluate this proposal. If, however, a contract is awarded to Meggitt Training Systems, Inc. as a result of, or in connection with, the submission of this proposal, the recipient (Buyer) shall have the right to duplicate, use, or disclose the information and data contained herein to the extent provided in the resulting contract These restrictions do not limit Buyer's right to use information or if it is obtained from another, legitimate source without restriction. -, M PRICING TABLE BASE PROPOSAL I —'Vo Al � 2"','1 '-, RNIN NOW, Y> - EQUIPMENT XWT Monorail - Wireless 360° Turning Target Retrieval System with 10 EA Use or Disclosure of Quotation Data is Subject to the Restrictions listed on Page 1 herein. Lighted Carrier and ICU. XWT ICU -MK XWT ICU Mount Kit 8 EA RM10K -LE RangeMasterTM Control Computer with Touch Screen and (1) 1 EA Tablet Controller. XWT SPARE- XWT Spare Parts Package 1 LOT $106,995.00 10 XWT XWT Spare Target Carrier Battery PN 1039462 5 EA BATTERY XWT XWT Spare Battery Charger 1 EA BATTERY CHG LE7500 -OT GranTrap® - 9' Height with 318" AR500 @470 -500 BHN Angled 41 LF Armor Plate Upper Replenishment Bin. Open GranTex Design. LE7500 -OT Trap Sidewall Plates. Set 5 Plates per side - Angled Trap Sections. 1 SET $39,500.00 TRSP Plates line the wall inside the LE7500 trap area and will be special sized pieces. Rifle, AR500 @470 -500 BHN JRSC Redirective Guard - Rifle 1/4" AR500. 328 SF AAF 2" Acoustical Foam (160 Panels) 1280 SF BWN (BWC- Combat Wall - Rifle -1/4" AR500 & 1" SRP face 320 SF $58,445.00 W SRP Shredded Rubber Plank - 1" Black (200 Panels) 800 SF Sidewall Door Plate - 114" AR500 - 24SF 1 LOT DEMO Demolition and Basic Clean Up. 1 LOT $26,132.00 Includes cleaning, removal and disposal of: Bullet trap, lead conveyor, floor mounted running man and deflector, 2 rows of ceiling baffles, all tile on remaining baffles, safety ceiling, side and rear walls, target systems & controls, 8 lanes of shooters booths and related debris. Meggitt Training Systems Inc Tel +1 678 288 1090 96 Brogdon Road, Suwanee, Georgia 30024, USA Fax: +1 678 288 151 2 016 www.meggitttrainingsystems corn www.meggiftcorn Use or Disclosure of Quotation Data is Subject to the Restrictions listed on Page 1 herein. z MEGGiTT DOOR Rear Access Door (See Below Deduct Option 1 if Door is not wanted) 1 LOT $4,185.00 SRP Additional Shredded Rubber Plank -1" Black (125 Panels) for area behind firing line. Includes extras for future combat wall use. 500 SF $4,129.00 SERVICES SPPT Complete Unload, Installation, and Training. *Prevailing Wage Rates Included. 1 LOT FU -SVC Follow Up Service Visit (1 Business Day) 2 EA WRTY 12 -Month Standard Factory Warranty 1 LOT $97,793.00 MANUALS Operations and Maintenance Manuals 1 LOT FRT Freight — F.0.B.Jobsite 1 LOT TOTAL BASE BID PRICE $337,179.00 ❑ OPTION 1: DELETE REAR ACCESS DOOR FROM BASE BID If the Buyer does not wish to purchase the Rear Access Door offered above, please deduct $4,185.00 from the total base bid price, IMPORTANT NOTES: 1. Pricing included herein is offered at a discounted rate. The discount offered is based on the purchase of all items and quantities herein. If items and quantities should vary, the pricing discount will be recalculated. 2. Buyer to confirm the existing range door and hinge can accommodate the additional weight of the plate covering. (Approximately 245 Ibs,). 3. All products and services included herein are open market items. 4. To ease future bullet trap maintenance and provide more storage space for replenishment rubber materials, MTSI recommends that the existing rear access panel opening be cut open larger and a steel service door be installed Once the old bullet trap is removed, this would be the ideal time to perform this work. Meggitt Training Systems Inc TeL +1 678 288 1090 296 Brogdon Road, Suwanee, Georgia 30024, USA Fax +1 678 288 1515 3 of 6 www.meggifttrainingsystems,com www.me ittcom Use or Disclosure of Quotation Data is Subject to the Restrictions listed on Page 1 herein. 'el i 5. Existing Shooters Booth Dividers for Lanes 1 and 2 remain. TERMS AND CONDITIONS These Terms and Conditions will be part of any contract, purchase order or signed quote that Meggitt Training Systems, Inc, enters into with you, your department or company. Meggitt Training Systems, Inc.'s Terms and Conditions are not limited to those provided herein, MTSI Terms and Conditions and the enclosed quote take precedence over all other project documents. Any earlier quote along with those terms and conditions are immediately null and void. Any subsequent purchase order will be subject to Meggitt's Standard Terms & Conditions which can be provided upon request. Please contact fdTSContracts.a@Meggitt.com to request a copy, Limitation of Liability: Nothing in this contract shall exclude or limit the Supplier's liability for death or personal injury caused by the Supplier's negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited. EXCEPT AS STATED ABOVE, THE TOTAL AGGREGATE LIABILITY OF THE SUPPLIER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT, WHETHER FOR NEGLIGENCE OR OTHERWISE, SHALL IN NO EVENT EXCEED 20% OF THE TOTAL CONTRACT VALUE IN NO EVENT SHALL THE SUPPLIER BE LIABLE FOR LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF REVENUE OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL LOSS OR DAMAGES, OR PUNITIVE OR EXEMPLARY DAMAGES, HOWSOEVER CAUS ED. These clauses set out the entire liability of the Supplier (including any liability for the acts or omissions of its sub- contractors) in respect of any breach of this contract or orders placed under it and any representation, statement or tortuous act or omission including negligence arising under or in connection with the contract. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract." Force Majeure: Neither party shall be in default of its obligations under this Agreement by reason of delay or failure to perform if such delay or failure arises out of causes beyond the reasonable control and without the fault or negligence of the party including, but not restricted to, acts of God, acts of governments, fires, floods, epidemics, quarantine restrictions, terrorism, war, labor unrest and unusually severe weather ( "Excusable Delay "). The party experiencing the Excusable Delay shall give prompt written notice to the other party upon such party becoming aware of any circumstance or event which may reasonably be anticipated to cause or constitute an Excusable Delay as described herein. Such notice shall contain a description of the delay and of the affected portion of the Work, In the event that MTSI is the party experiencing the Excusable Delay, MTSI, in its discretion, may delay delivery, cancel delivery, make price adjustments and/or allocate delivery among customers as necessary due to such unexpected event and Meggitt Training Systems Inc Tel: +1678 288 1090; 296 Brogdon Road, Suwanee, Georgia 30024, USA Fax: +1 678 288 1515 4 of 6 wv✓w,meggitttrainingsystems.com' WWW.MLgg Use or Disclosure of Quotation Data is Subject to the Restrictions listed on Page 1 herein. MEGGI"TT during the period of such Excusable Delay. If the Excusable Delay continues for a period of 30 days, the party not experiencing the Excusable Delay may term inate this Agreement with no cost or liabilities accruing to either party." Meggitt Training Systems, Inc.'s pricing excludes the following items unless specifically included as a line item at the end of this paragraph. A. Line voltage electrical, connections, line or control conduits (empty or full), electrical boxes, receptacles, target or general lights and any other devices generally considered for high voltage. All temp utilities for construction (including adequate lighting and 115v power for hand - tools) are the responsibility of the owne r /contractor. B. Bridging, structural supports or any other material that is required as support for MTSI's baffle or safety ceiling. Load points to be verified by owner /contractor to support MTSI equipment. All coordination for baffle, safety ceiling, and bullet trap (and the associated hanging provisions) is the responsibility of the owner /contractor. Meggitt Training Systems, Inc. will provide accurate submittal drawings for this purpose. C. Unloading and/or moving /placement of MTSI's equipment into the range area, D. Removal / disposal of existing equipment. E, Removal / disposal of lead or other hazardous waste. F. Relocation of existing piping, ventilation ducts, electrical conduit, etc, G. Any customer requested special shipping or marking /labeling requirements and any related costs. H. Specialty anchors or seismic type hanging devices. Items listed above that are specifically included with this quote: C, D, E MTSI will not be responsible for payment of the following statutory items unless specifically included as a line item at the end of this paragraph: A. Taxes B. Permits C. Fees D. Bonds E. Licenses F. Other Charges Statutory items listed above that are specifically included with this quote: NONE IMPORTANT NOTE: MTSI is responsible for collecting sales tax in the following states: CA, CT, FL, MN, GA, IL, KY, VA, NJ, SD, and WA. If work is to be performed in any of these states under a Purchase order issued as a result of Meggitt Training Systems Inc Tel: +1 678 288 109 96 Brogdon Road, Suwanee, Georgia 30024, USA Fax. +1 678 288 151 5 of 6 www rneggitttrainingsystems.com WWW.Megg itt.CDM Use or Disclosure of Quotation Data is Subject to the Restrictions listed on Page 1 herein. this proposal, any applicable sales tax will be added to the final invoice. If your organization is federal or state tax exempt, provide a copy of the tax exemption certificate. Otherwise, please include the sales tax value on any resulting purchase order. MTSI does not claim, assert or guarantee in any way that purchased equipment is compliant with all federal, state, county, city or local "trade" or "building" codes. The owner is responsible for compliance with all local jurisdictions and codes. Any forthcoming contract between General Contractor and Meggitt Training Systems, Inc. is preferred to be of a typical AIA subcontract format. Any deviation from a typical AIA format must be mutually agreed upon in writing. MTSI is a non -union manufacturer. MTSI will provide prevailing wages (Davis- Bacon) or pay for union workers only if specifically included as a line item below: Prevailing Wage Rates Included The payment amount included in the attached quote shall be payable to Meggitt Training Systems, Inc, as follows: Payment Terms are 100% net 30 days. Any deviation must be mutually agreed upon in writing, If MTSI is not authorized to commence work on the Project within 60 days from the date of the attached quote, Meggitt Training Systems, Inc. shall be entitled to adjust its quoted prices to account for increased costs to MTSI as a result of said delay. This (Proposal /Submittal /Document) contains proprietary information and is submitted for evaluation purposes, and shall not be disclosed, duplicated or reproduced, in whole or in part, without prior written consent of an authorized representative of Meggitt Training Systems, Inc. All drawings, specifications and other design documents prepared by Meggitt Training Systems, Inc. and its consultants in connection with the Project are the property of Meggitt Training Systems, Inc. Meggitt Training Systems, Inc. shall retain all common law, statutory and other rights, including all copyrights, related to said design documents. The General Contractor shall not use the design documents on other projects without the specific written consent of Meggitt Training Systems, Inc. *NOTE 1: MTSI reserves the right to make modifications in the design of its products without prior notification *NOTE 2: The Terms & Conditions listed herein are not all inclusive. A complete set of Meggitt's Standard Terms & Co_n__d_i_ti_o_n_s c_a_n_ be -- provided - upon request. Please contact MTSContracts(d�Megg _i_tt_,co_m__ - r_e_qu_e_s_t_ a_ c_o_p_y, Please submit signed proposal by email, fax, or mail: EMAIL: MTSContractsCa] ^i FAX: 678.288.1520 Attention: Contracts Dept. MAIL: Meggitt Training Systems, Inc. Attn: Contracts Dept. 296 Brogdon Road Suwanee, GA 30024 Meggitt Training Systems Inc Tel: +1 678 288 1090 296 Brogdon Road, Suwanee, Georgia 30024, USA Fax: +1 678 288 151 6 of 6 wmmmeggitttrainingsystems.com WWW.Meg9itt.Cor2 Use or Disclosure of Quotation Data is Subject to the Restrictions listed on Page 1 herein.