HomeMy WebLinkAboutResolution - 2013-R0260 - Contract - Bailey's House Of Guns Inc.- Duty And Training Ammunition - 08_08_2013'Resolution No. 2013—RO260
August 8, 2013
Item No. 5.23
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Contract No. 11413 for Duty and
Training Ammunition, by and between the City of Lubbock and Bailey's House of Guns,
Inc., of Houston, 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 on August 8, 2013
40
AEN C. OBERTSON, MAYOR
ATTEST:
Reb kcca Garza, City S cret
APPR ED AS TO CONTENT:
i
Roger E is, Chief of Police
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Contract-Baileys House of Guns, Inc.
July 22, 2013
Resolution No. 2013-RO260
CONTRACT 11413
City of Lubbock, TX
Contract for Services
For Duty and Training Ammunition
THIS CONTRACT made and entered into this 8th day of August, 2013, by and between the City of
Lubbock ("City"), and Bailey's House of Guns, Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for duty and training ammunition
and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the
purchase and delivery of the said duty and training ammunition.
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 are attached
hereto and made part hereof, Contractor will deliver to the City, duty and training ammunition
and more specifically referred to as Items One and Two on 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.
3. The Contractor shall perform the work according to the procedures outlined in the Bid Form
and Specifications attached hereto. The contract shall be for a term of one year, with the option
of two, one year extensions, said date of term beginning upon formal approval. The City does
not guarantee any specific amount of compensation, volume, minimum or maximum amount of
services under this contract.
4. This contract shall remain in effect until the expiration date, performance of services ordered,
or termination of by either party with a thirty (30) day written notice. Such written notice must
state the reason for cancellation. The City of Lubbock reserves the right to award the canceled
contract to the next lowest and best bidder as it deems to be in the best interest of the city.
5. 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.
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 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:
TYPE AMOUNT
General Liability
Commercial General Liability 1,000,000
General Aggregate
Products-Comp/OP AGG
Contractual Liability
The City of Lubbock shall be named as additional insured on a primary and non-contributory
basis on General Liability, with a waiver of subrogation in favor of the City of Lubbock on all
coverages. All copies of the Certificates of Insurance shall reference the project name or bid
number for which the insurance is being supplied. Copies of all endorsements are required.
The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The
certificate will provide 30 days notice of cancellation, and under the cancellation section, the
wording "endeavor to" and "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents or representatives" will be crossed out. A
copy of the additional insured endorsement attached to the policy will be included with the
certificate.
The contractor shall also maintain workers compensation insurance in the statutory amount.
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 exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in
a court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth
herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of
any conflict between this provision and another provision in, or related to, this document, this
provision shall control.
9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times, 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.
10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 13-
11413-TL, 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
Gle obertson, ayor
ATTEST:
Rebe ca Garza, City Secret
APP OVED AS TOGONTENT:
Rogwtllis
Chief of Police
ZA O FORM:
Attorney
CONTRACTOR
BY
A thorizedresentative
Bernard Bailey
Print Name
3626 Bluebonnet Drive
Address
Houston Texas 77053,
City, State, Zip Code
PRODUCT SPECIFICATIONS FOR AO CALIBER TRAINING
AMMUNITION
CALIBER: .40 S&W
BRAND: Remington
TYPE: UMC, L40SW3
BULLET: 180 Grain, Metal Case
CASE: Reloaded or manufactured casings are unacceptable.
LOT IDENTIFICATION: Each lot shall be assigned a unique identification number to
include the day, month, and year of manufacture, or assembly
line on which manufactured.
PACKAGING: Not more than 50 cartridges per box, nor 1000 per case. Each
case to be marked with it's corresponding lot number.
PRODUCT LIABILITY: Certification of liability insurance for not less than $1 million,
issued for ammunition offered in this bid, will accompany the bid
response.
Q:PurchaseBid Docs/1TB 13-11413-TL, Duty and Training Ammunition
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PRODUCT SPECIFICATIONS FOR AO CALIBER DUTY
AMMUNITION
CALIBER: .40 S&W
BRAND: Remington
TYPE: Golden Saber, GS40SWB
BULLET: 180 Grain, Brass Jacketed Hollow Point
CASE: Reloaded or manufactured casings are unacceptable.
LOT IDENTIFICATION: Each lot shall be assigned a unique identification number to
include the day, month, and year of manufacture, or assembly
line on which manufactured.
PACKAGING: Not more than 50 cartridges per box, nor 1000 per case. Each
case to be marked with its corresponding lot number.
PRODUCT LIABILITY: Certification of liability insurance for not less than $1 million,
issued for ammunition offered in this bid, will accompany the bid
response.
Q:PurchaseBid Docs/ITB 13-11413-TL, Duty and Training Ammunition
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BID FORM
Duty and Training Ammunition
City of Lubbock, Texas
ITB No. 13-11413-TL
In compliance with the Invitation to Bid 13-11413-TL, 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. A bid will be subject to being considered irregular and may be
rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items
specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or
irregularities of any kind. The Invitation to Bid 13-11413-TL is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
UNIT OF
UNIT PRICE*
EXTENDED
Delivery
ITEM
QTY
MEASURE
DESCRIPTION
BID
COST
•*
AROs
1.
190,000
Round
.40 Caliber Training Ammo, As
$237.89;
$ 45,199 .10
ASAP
Specified Herein
PER 1000
2.
40,000
Round
.40 Caliber Duty Ammo, As
$ 295. 56
$ 11 , 822.40
ASAP
Specified Herein
PER 1000
Total Cost (Items 1-2)
$ 5 7 , 0 21 .50
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -or -none basis for any
item or group of items shown on the bid.
The City of Lubbock is seeking a contract for duty and training ammunition with one or more contractors. In order
to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products
desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid,
however, is an option reserved by the City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 1E—%, net 3Qcalendar 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.
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 prqvided below
Q:Purchasc/Bid Doca/rM 13-11413-TL, Duty and Training Ammunition
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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 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 materiaWservice as needed.
THIS BID IS SUBMITTED BY Bailey's House of Gyms a corporation organized under the laws of the State of
Texas , or a partnership consisting of or individual trading as
of the City of Houston
Firm: Bailey's House of Guns, Inc.
Address: 3626 Bl iebormet Drive
City: Hrntctrm State: Texas Zip 77053
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
M/WBE Firra:1 g I Woman Black American Native American
Hispanic American Asian Pacific Americj I Other (Specify)
Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures,
Authorized Renresentativ -
hand
Officer Name and Title: Bernard Bailey — Vice —President
Please Print
JULY 16, 2013
Business Telephone Number 713-433-2475 FAX: 713-434-9734
E-mail Address: hai 1 Pyahrn,ganfo rn4@4bcalobal net
FOR CITY USE ONLY
Bid Form Item Numbers) Awarded to Above Named Firtnandividual:
Date of Award by City Council (for bids over $50,000): Date P.O./Contract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
Q:PurchasdBid DocslrM 13-11413-n, Duty and Training Ammunition
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