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HomeMy WebLinkAboutResolution - 2011-R0385 - Contract - H&K Armored Service Inc.- Armored Car Services - 09_08_2011Resolution No. 2011-RO385 September 8, 2011 Item No. 5.7 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock or his designee is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for armored car services, by and between the City of Lubbock and H & K Armored Service, Inc., of Odessa, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein, and shall be included in the minutes of the City Council. Passed by the City Council this September 8 , 2011. TOMAIARTIN, MAYOR ATTEST: Rebeck Garza, City Secretary APPROVED AS TO CONTENT: Andy Bdrcham, Chief Financial Officer APPROVED AS TO FORM: Amy s, Ass t i Attomcy cuntract-H&K Armored Serv.res 3,15.11 Resolution No. 2011—RO385 CONTRACT 10165 CITY OF LUBBOCK CONTRACT FOR SERVICES For Armored Car Service Bid 11-10165-DT THIS CONTRACT, made and entered into this 8'h day of September, 2011, by and between the City of Lubbock, Texas ("City"), and H & K Armored Service, Inc. ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Armored Car Services and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Armored Car Services. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Armored Car Services specifically referred to as Item(s) No. 1-12 and 1-2 for Civic Center special events and weekends and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 5. The contract term shall be a term of one-year beginning upon City Council formal approval. The City and Contractor may, upon written mutual consent, extend the contract for four additional one-year terms, provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving ninety (90) days notice in writing to the other party of its intention to cancel. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Bests Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minirnum limits of liability: Worker's Compensation The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Medical and Disability insurance in lieu of Workers' Compensation. in either event, the policy must be endorsed to include a waiver of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this contract. TYPE AMOUNT 1. Worker's Compensation Statutory and/or Employers Liability or Occupational Medial and Disability $500,000 2. General Liability insurance including coverage for the following: a. General Aggregate b. Products/completed operations c. Personal injury d. Contractual liability Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or its equivalent. 3. Automotive Liability, including coverage for loading and unloading $1,000,000 4. Crime Bond — Employee Theft $2,000,000 ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. The City of Lubbock shall be named a primary additional insured on general liability with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the ITB number for which the insurance is being supplied. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 8. The City reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. This Contract consists of the following documents set forth herein; Invitation to Bid I I-10165-DT, General Conditions, Specifications, and the Bid Fornt, IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Rebece Garza, City Secretary APPROVED AS TO CONTENT: Pamela Moon, Director of Accounting APPROVED Assists ttorney CONTRACTOR BY Au ized Representative Jeremy Kessler Print Name Vice President Title BID FORINI ARMORED CAR SERVICES CITY OF LUBBOCK, TEXAS ITB 11-10165-DT In compliance with the Invitation to Bid 11-10165-DT, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being Familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid 11-10165-DT is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Monthly Annual Service Location Contract Rate Contract Rate —item Armored Car Service, including all terms and charges for the receipt of sealed or locked shipments containing currency, coins, checks, securities, and other valuables and transport and delivery of same in like condition to the consignee designated by the City at locations and times as specified herein. I. Accounting Department, 1625 13th Street, Lubbock $300 X12 S3600 Required Stops: Daily, Monday through Friday between I L00 a.m. and 1:00 p.m. 2. Lubbock Power & Light, 5l 10 80th Street (Atmos Branch), Lubbock $175 X12 $2100 Required Stops: Daily, Monday throw Friday before 9:30 a.m. 3. Lubbock Power & Light, 1301 Broadway, Lubbock $ t 75 X12 $2100 Required Stops: Daily, Monday through Friday before 10:00 am., occasionally an afternoon stop is required between 12:30 p.m.,and 3:00 p.m. 4. Civic Center, 1501 Mac Davis Lane (City of Lubbock) $175 X12 $2100 Required Stops: Daily, MondRy 1hrough Friday between 3:00 p.m. and 5:00 p.m. 5. Municipal CouM 915 Ave J $175 X12 $2100 Required Stops., Daily, Monday through Friday, between I t:00 am. and 1:00 p.m. 6. Lubbock Landfill Permit i169, 8425 North Ave P $225 X12 $2700 Required Stops: Daily, Monday,Wednesday & Friday between 9:00 am and 11:00 am 7. Abernathy Landfill Permit 42252, 17304 North FM 2528 S275 X12 $3300 Required Stops: Daily, lond, Wednesday & Friday between 9:00 am and 11:00 am 8. Parks & Recreation, 1611 1& Street $200 X12 $2400 Required Sto s: Daily, Monday through Friday between 11:00 a.m. and noon 9. Lubbm-k International Airport, 5401 N. Martin Luther King Blvd $225 X 12 $2700 Required Sto s: Tuesday and Friday, between 11:00 a.m. and noon 10. Citibus, 801 Texas Avenue $250 X12 $3000 Re uired Sto s: Daily, Monday through Friday between noon and 1:00 p,m. I. Burgess -Rushing Tennis Center, 3030 66th Street $175 X12 $2100 Required stops, Daily. Monday 1hrough Friday, 9:00 am to 10:00 am 12. Civic Center, 1501 Mac Davis Lane (Civic Lubbock, ]ne.) $185 X12 $2220 Note that Civic Lubbock, Inc. would require separate billing. Required Stops: Daily, Monday lbrOLIgh Friday between 3:00 .m_ and 5:00 p.m. dotal Bid $30420 Q:PurchaseJBid Docs/I I-10165-D'F The City or Civic Lubbock, Inc. may have a special event or occurrence that would require an extra pick up after hours or on a Saturday or Sunday. Item Service Location Per Occurrence Armored Car Service, including all terms and charges for the receipt of sealed or locked shipments containing currency, coins, checks, securities, and other valuables and transport and delivery of same in like condition to the consignee designated by Civic Lubbock, Inc. at locations and times as specified herein. l . Citibank Coliseum, 2720 Drive of Champions (Civic Lubbock, Inc.) 3135.00 Mote that this Civic Lubbock, Inc. would require separate billing. Per Advance Call 2. Civic Center, 1501 Mac Davis Lane (Civic Lubbock, Inc.) $135.00 Note that this Civic Lubbock, Inc. would require separate billing. Per Advance Call PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of 0%, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTER.LOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are F'renship independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO X * If you (the bidder) checked YES, the following will apply: * Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. Q:Purchasefflid Does/ I1-10165-D'r THIS BID IS SUBMITTED BY H& K Armored Service, Inc. a corporation organized under the laws of the State of Texas , or a partnership consisting of or an individual trading as Firm: H & K Armored Service, Inc. Address: PO Box 1665 City: Odessa State: TX Zip 79760 of the City of NVWBE Firm: Woman Black American Native American Hispanic American Asian Pacific American OtherASpecifyj By Authorized Representative - must sign by hand Officer Name and Title: Jeremy Kessler Vice President Please Print Business Telephone Number 432 363 9181 FAX: 432 363 9181 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Q:Purchase/laid Docsll1-10165-DT