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HomeMy WebLinkAboutResolution - 2006-R0427 - Contract For Armored Car Services - H&K Armored Services, Inc. - 09_13_2006Resolution No. 2006-RO427 September 13, 2006 Item No. 5.24 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and 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 Services, 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 13`h day of September, 2006. ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: V� Victor Kihnki Director of Purchasing and Contract Manager APPROVED AS TO FORM: Attorney as/ccdocsContract-H&K Armored Serv.res August 31, 2006 CITY OF LUBBOCK CONTRACT FOR SERVICES For Armored Car Service Bid No. 06-060-MA Resolution No. 2006-RO427 September 13, 2006 Item No. 5.24 THIS CONTRACT, made and entered into this 13th day of September, 2006, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and H & K Armored Services Inc. ("Contractor"). 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=9 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. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. The contract shall be for a term of one-year, said date of term beginning upon City Council date of 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. 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 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 cant' a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum 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 this 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 Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. 06-060/MA.doc The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. TYPE AMOUNT 1. Commercial General (public) Liability insurance including coverage for the following: a. Products/completed operations Combined single limit for bodily injury and property b. Personal injury damage for 1,000,000, per occurrence or its equivalent. c. Advertising injury d. Contractual liability 2. Comprehensive Automobile Liability insurance, including coverage for loading and unloading hazards, for: a. Owned/leased vehicles b Non -owned vehicles c. Hired vehicles 3. Fidelity Bond a. Employee Dishonesty Coverage Combined single limit for bodily injury and property of 1,000,000, per occurrence or its equivalent_ $300,000 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. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as primary additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied 6. 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. 06-060/MAAX 2 7. This Contract consists of the following documents set forth herein; Invitation to Bid #0&W-MA, General Conditions, Specifications, and the Bid Form. 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 David A. Miller/Mayor ATTEST: APPROVED AS TO CONTENT: vtxt-qh���� - Victor Kilman, Direk&r of Purchasing and Contract Management APPROVED AS TO FORM: 7'� A I rL i n ?%� r-:,- City Attorney CONTRACTOR Address Oc�.� Ti�' 797E 73 06-060/MA.doc OFFICIAL CITY HOLIDAYS New Year's Day Martin Luther King Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Resolution No. 2006-RO427 September 13, 2006 Item No. 5.24 06-060/MA.doc 4 Resolution No. 2006-RO427 September 13, 2006 Item No. 5.24 SUBMIT TO: s T CITY OF LU13BOCK CITY OF LUBBOCK, TEXAS Purchasing & Contract Management 1625 13" Street, Rm 204 INVITATION TO BID Lubbock, Tx 79401-3830 AN EQUAL OPPORTUNITY #06-06-060—MA CONTACT PERSON: Marta Alvam EMPLOYER TEL: 806.775.2167 FAX: 806.775.2164 httpJ/purchasing.ei.hftmk.tK.us TITLE: SUBMITTAL DEADLINE: Armored Car Service August 30, 2006, 2:00 p.m. CST PRE BID DATE, TIME AND LOCATION: August 16, 2006 G%Q 10:00 Any bids received after the time and date listed above, regardless of A.M., at City Hall, Purchasing Conference Room 204, 1625 I P Street, the mode afdd1wry, shall be returned unopened. Lubbock Texas. RESPONDENT NAME: , LABEL THE OUTSIDE OF YOUR SEALED_BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: B� /� IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN "STATEMENT THE OF NO BID". CITY — STATE — ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR / D [Q REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, TELEPHON NO: _ THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. FAX NO: IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E- L .64a MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES US BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?— YES NO IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the vendor. 06-060/MA.doc Authorized Sig are Title IJdy Xe.5,5 f � r �© Print/Type N e Date THIS FORM MUST BE COMPLETED AND RETURNED WIM YOUR RESPONSE. 06-060/MA.doc 2 BID FORM Armored Car Service CITY OF LUBBOCK, TEXAS ITB #0-060-MA In compliance with the Invitstion to Bid #06-060-MA, 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 #06-060-MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM SERVICE LOCATION Monthly Annual Contract Rate Contract Rate 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. 1. Accounting Department, 1625 13th Street, Lubbock s -no o ag�_ X12 s Required Stops: Daily, Monday through Friday between 8:00 a.m. and 1:00 p.m. 2. Lubbock Power & Light, 5110 80th Street (Atmos Branch), Lubbock a 1 SU — X12 S leW d= Required Stops: Day, Monday through Friday before 9:30 a.m. 3. Lubbock Power & Light, 1301 Broadway, Lubbock S fJl� x12 S Required Stops: Daily, Monday through Friday before 10:00 a.m.; occasionally an afternoon stop is required between 12:30 p.m. and 2:00 p.m. 4. Civic Center, 1501 6th Street S /Q9' X12 S /goo Required Stops: Daily, Monday, Wednesday & Friday, after 3:00 p.m. 5. Municipal Court, 915 Ave J S / j 6 X12 s %S®O Required Stops: Daily, Monday through Friday, after 12 noon. 6. Lubbock Landfill Permit #69, North Ave P S 2_d0 °5 X12 S Z `/00 Required Stops: Once Daily, Monday, Wednesday& Fridayafter 5:0(i .m. 7. Abernathy Landfill Permit #2252 S ZSD 40 X12 S 3000°? Required Stops: Once Daily, Monday, Wednesday & Friday, around 12:00 noon or as required. 8. Parks & Recreation, 1010 9th Street (Reception area) S zoo QQ X12 S 2 Y00 Required Stops: Daily, Monday through Friday between 11:30 a.m. and 12:00 P.m. 9_ Lubbock International Airport, 5401 N. Martin Luther King Blvd S j�j k' x12 Required Stops: Daily, Monday through Fridays between 12:00 noon 1:00 p.m. TOTAL BID $2— PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, 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 06-060/MA.doc 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. INTERLOCAL 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 Frenship 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 W��oo/lfforth. YES.�J1r - NO • 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. At THIS BID IS SUBMITTED BY / rrdi Gd se ry i c Z�N G a corporation organized under the laws of the State of %-CXq S , or a partnership consisting of or an individual trading as of the City of Firm: 21D'"/ '�tmO l- !C d SerkZ.r_ e zy G . Address: �� r/ • o /v /CP (P� Q / City: e. State:EZzip M/WBE Finn: BY Authorized Representative - must sign by hand Officer Name and y 2� ? Please Print f� ` Business Telephone Number ! 3, - �1 GG - d `�7�7 le"j FAX: / �[Y (9 ! C 513 LABEL THE OUTSIDE OF YOUR SEA1" BID WrM THE rM NUMBER, THE CLOSING DATE AND TWE, AND YOUR COMPANY NAME AND ADDRESS. 06-060/MA.doc 4 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder ►nd Attached to Bid Submitt Resolution No. 2006-R0427 September 13, 2006 Item No. 5.24 I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor ( a e) Contractor (Print CONTRACTOR'S NAME: ?7 bJr !!I o/-e-d V Z G e- �iV C, Print or Type) CONTRACTOR'S ADDRESS: 10. 'Vex 16 �6-- Name of AgentBroker: Address of Agent/Broker; 1. L7 . AQ it - &!D !p , 5 City/State/Zip: 19de-, A - T-X / 7 Agent/Brooker Telephone Number: (� ) Date: O -4 vV -eld NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 06-0601MA.doc 15 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A 110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: ZM AP Aio r e G/ cSe P v �'c e - .+, O'G Signature of Company Official: Date 5 Printed name of company official signing above: 06-060/MAdoc 20 City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder, or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13m Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete agidawls may be rejected. Local Business Name: rf /( t M D r e J 1 e, r Y i (' ,2-i) G Local Address (must be within the City limits): 0A) 6a" -FOl el r— Address of the company's principal place of business within the United States: 1. How many residents of the City of Lubbock are employed at the above business location? /•� 2. Year your business was established in the City of Lubbock: /,% �y 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number. Company Name and Address (as it appears on permit): 4. Does your business have more than one office in the State of Texas? Yes No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was the local business required to pay business and/or real property tax for the most recent tax year? No / If Yes, did the local business pay any of this tax to the City of Lubbock? �/ Yes No 06-060/lMA.doc 21 Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year. Authorized Signature: Printed Name and Titl, CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY "1),06 tV-1 1� ass L E�- being first duly sworn, on his/her oath, says that the bid ahnv4 submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named, and s/he further says that the said bidder has not directly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding, and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. 7411_ArApredf c�L'�'VJL� /fJCi NAME OF FIRM SIGNA OF BIDDER Ares/dCND TITLE a2W (o Subscribed and sworn to before me this Adday of &1220L 2OW i , '� "911y"y () - - ---- Notary Pu c in and for th fate � of Texas residing at * obry N D. YOUNG "TUWW 1X � �C�ntn��ett E�i�.��200i NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL 06-060/MAdoc 22