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HomeMy WebLinkAboutResolution - 2010-R0439 - Service Contract For Duty And Training Ammunition - Bailey's House Of Guns - 09/16/2010!`Resolution No. 2010-RO439 September 16, 2010 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, Service Contract No. 9718 for duty and training ammunition for Lubbock Police Department, by and between the City of Lubbock and Bailey's House of Guns, Inc., 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 September 16, 2010 TOM MARTIN, MAYOR ATTEST: Reb ca Garza, City Secret. APPROVED AS TO CONTENT: Asm-'r-, 4&e"— I j�s2Lt 1, -DJ Dale Holton, C i of Police APPROVED AS TO FORM: w-�- Chad Weaver, Assistant City Attorney vw:ccdocs RES. Contract -Bailey's House of Guns, Inc. Sept. 1, 2010 Resolution No. 2010—RO439 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES For ITB 10 -127 -DT Duty and Training Ammunition for Lubbock Police Department Contract No. 9718 THIS CONTRACT, made and entered into this 16th day of September 2010, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Bailey's House of Guns, Inc. of Houston, Texas ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Duty and Training Ammunition for Lubbock Police Department 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 Duty and Training Ammunition for Lubbock Police Department. 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 Duty and Training Ammunition for Lubbock Police Department specifically referred to as Item(s) No. 1-2 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of one year, said date of term beginning on October 12, 2010. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12 -months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 3. 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. 4. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 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 or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General (public) Liability insurance, per occurrence, in an amount not less than $1,000,000 including coverage for the following: Products /completed operations 10 -127 -DT Duty and Training Ammunition for Lubbock Police Department Commercial General (public) Liability insurance, per occurrence, in an amount not less than $1,000,000 including coverage for the following: Products /completed operations The City of Lubbock shall be named a primary additional insured on auto, general liability and to include products of completed operations with a waiver of subrogation in favor on all coverage's. The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as a primary additional insured under the policies. 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. Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of insurance described below must reflect that the above working is included in evidenced policies. 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. 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. 7. This Contract consists of the following documents set forth herein; Invitation to Bid 10 -127 -DT, General Conditions, Insurance Requirements, Specifications, and the Bid Form. 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. 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: Rebecka Garza, City Secretary l.1 APPROVEDS TO CONTENT: i., A ,.j Dale Holton, C f of Police APPROV AS ORM: Assistant City Attorney 10 -127 -DT Duty and Twining Ammunition for Lubbock Police Department CONTRACTOR B Authorized Representative Bailey's House of Guns, Inc. 3626 Bluebonnet Drive Address Houston, Texas 77053 Resolution No. 2010—RO439 BID FORM City of Lubbock, TX Duty and Training Ammunition for Lubbock Police Department ITB 10 -127 -DT In compliance with the Invitation to Bid ITB 10 -127 -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 10 -127 -DT is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Item Description QTY U/M Brand Unit Cost* Extended Cost Delivery (More or Days ARO** Less) 1. .40 caliber training ammo 190,000 Round RIIMI1IGPON UNC $ 0.22631 $ 42,998.90 30 to 180 as specified herein LAOSW3 DAYS 2. .40 caliber duty ammo as 40,000 Round RllMGPON $ 0.29473 $ 11, 789.20 30 to 180 specified herein GOLDMSABER DAYS ammo as specified herein L223R3 4. .223 caliber rifle duty 20,000 RIIT $ 0 $ 8,947.20 30 to 180 ammo as specified herein Round 11223112 DAYS 5. .308 caliber rifle duty 10 0 and RMM-1UN $ 0.63157 $ 6,315.70 30 to 180 ammo as specified RM08W7 DAYS ammo as specified herein RR12BKD r DAYS Overall Total 103,439.96 *PRICE: F.O.B. Destinations, Freight Pre -Paid and Allowed. **Days After Receipt of Order (ARO) Unless otherwise specified herein. the Citv may award the bid either item-bv-item or on an all -or -none basis for an item or grown of items shown on the Bid Form. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net LAValendar 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 10 -127 -DT Duty and Training Ammunition Page 7 of 30 BID FORM 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 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. THIS BID IS SUBMITTED BY Bailey's House of Guns, Inc. a corporation organized under the laws of the State of Texas , or a partnership consisting of or an individual trading as Bailey's House of Guns. Inc. of the City of Houston Address: 3626 Bluebonnet Drive City: Houston State: Texas Zip 77053 M/WBE Firm: X Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) Authorized Representative - must sign by hand Officer Name and Title: Bernard Bailey - Vice -President Please Print Business Telephone Number 713-433-2475 FAX: 713-434-9734 E -Mail Address: bailevshouseofguns@sbcalobal.net 10 -127 -DT Duty and Training Ammunition Page 8 of 30 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. 10 -127 -DT Duty and Training Ammunition Page 23 a00 Resolution No. 2010-RO439 PRODUCT SPECIFICATIONS FOR .40 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 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. 10 -127 -DT Duty and Training Ammunition Page 24 of30 *itf Iubbkk TEXAS PURCHASE ORDER TO: BAILEYS HOUSE OF GUNS 3626 BLUEBONNET DRIVE HOUSTON Texas 77053 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Ordered 10/11/2011 Freight Requested 11/30/2011 Taken By Delivery PER L CHAPA REO 38436 Description/Supplier Item 23742 L40 SWB Training ammo 29442 GS40 SWB Duty Ammo Terms NET 30 Page - 1 Date - 10/12:2011 Order Number 10004070 000 OP Branch/Plant 5713 SHIP TO: CITY OF LUBBOCK POLICE ACADEMY REESE CENTER 508 DAVIS DRIVE LUBBOCK Texas 79416 BY: T LENNON CONTRACT #9718 Ordered Unit Cost Um Extension Request Date 200,000.000 .2089 EA 41,780.00 11/30/2011 40,000.000 .2752 EA Total Order 11,008.00 11/30/2011 52,788.00 This purchase order encumbers funds in the amount of $52,788.00 for a bid awarded to Baileys House of Guns of Houston, Texas, on September 16, 2010, in accordance with Resolution No. 2010-R0439. The following are incorporated into and made part of this purchase order by letter of ratification or Resolution No. 2010-R0439. CITY OF LUBBOCK ATTEST: Tom Martin, Martin, Mayor Reb ca Garza, City Secretar�)