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HomeMy WebLinkAboutResolution - 2011-R0090 - Contract - Emerging Power - Radio Battery Annual Pricing - 02/24/2011Resolution No. 2011-Ra090 February 24, 2011 Item No. 5.16 RESOLUTION �E 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. 9865 for annual pricing of batteries for hand held radios, per ITB 11 -020 -DT, by and between the City of Lubbock and Emerging Power of Hackensack, New Jersey, 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 February 24, 2011 TOM MARTIN, MAYOR ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: N Mark tearwod, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-Emerging Power February 7, 2011 Resolution No. 2011-R0090 CITY OF LUBBOCK CONTRACT FOR SERVICES For Batteries for Hand Held Radios — Annual Pricing Bid No. 11 -020 -DT Contract: 9865 THIS CONTRACT, made and entered into this 24`b day of February 2011, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Emerging Power ("Contractor") of Hackensack, New Jersey. WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Batteries for Hand Held Radios 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 Batteries for Hand Held Radios. 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 Batteries for Hand Held Radios specifically referred to as Items) No. 1-5 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. The contract shall be for a term of one year, said date of term beginning upon City Council date of formal approval. The contract may be renewed for four (4) additional one year terms under the same terms and conditions upon written agreement from both parties. 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. ITB 11 -020 -DT Batteries for Hand Held Radios — AP S. 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 deerns to be in the best interest of the city. 6. 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. 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. This Contract consists of the following documents set forth herein; Invitation to Bid 11 -020 -DT Batteries for Hand Held Radios — Annual Pricing, 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 C / dsry ,sr Tom Martin, Mayor ATTEST: Rcbe4 Garza, City Secretary APPROVED AS TO CONTENT: wood, A sistant ty Manager/ Mark YeV Chief Info nation Officer APPROVED AS T FORM: r! /" `1 Assistant City Attorney ITA 11 -020 -DT Batteries for Hand Held Radios—Annual Pricing CONTRACTOR: B Authorized Rep sentative Address l City, State, Zip Resolution No. 2011—ROO90 REVISED BID FORM City of Lubbock In compliance with the Invitation to Bid I 1 -020 -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 -020 -DT is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT Extended Delivery ITEM QTY MEASURE DESCRIPTION PRICE* Cost Days BID ARO** L 200 EA Jag 7.5 v 270D mAh c�� higher n7Ah OEM or $ equal to BP19112� � � r ,� �.? ��7 a Model No: re 4f UZ Manufacturer: e i%s� � t° K 2. 50 EA Jag 7.5 2700 mAh or higher mAh OEM or equal to BKB191210/6 Intrinsically Safe FM PP ii j I Z Model N 12-I Q � Manufacturer. e r i� 3. 200 EA MRK 7.5 v 2700 mAh or higher mAh similar or c� equal to BP8381 MHXT'+ Model No:.64953b J j f]��jCry �V Manufacturer: meQ 1 oLlue- `J f J 4. 50 EA MRK 7.5 v 1700 mAh Ni -Cd or equal to S 44A3278P2 Intrinsically Safe FM approved -V Model No: � 1 / ,2, Manufacturer: M UO b i2l ( e [[[sss 5. 100 I;A P5400/P7300 7.5 v 2500 mAh or higher mAh OEM or eq==T+ ZQ oil Model No: 3qzo Manufacturer: ! c P we ae or, ir� d twit ea-ve C- 55 hedOVERALL TOTAL 11-7 Iov C6 r *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 an all -or -none basis for under any item or group of items shown on the Bid Form. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net3qalendar 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. ITB l 1-020-1)T BaRcries for [land Held Radios -AP [Addendani I I REVISED BID FORM 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 Wolfforth. YESK� r 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. THIS BID IS SUBMITTED BY e' ' e-( C� IV1C11 Power a corporation organized under the laws of the State of or a partnership consisting of or an individual trading as of the City of Firm: foo to F+ S4 I2 e �� Address: ,�?, i,� /� � ,^' 1 City: �(j G V -M CA U_ State: " 3 zip 0-7 bol M/W BE Firm: Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American By Officer Name and Title: Authorize ed Representative - must sly by hand Please Print -0G- Business Telephone Number q V` ' tU ` R `A FAX: � � ' � � `o - q L-` 03 E -Mail Address `� �. ��- L - I c oo�) ITIS 11 -020 -DT Baneries for Band Held Radios -AP [Addendum 1) Resolution No. 2011—R0090 CITY OF LUBBOCK, TEXAS Purchasing & Contract Management ITB 11 -020 -DT Batteries for Hand Held Radios — Annual Pricing Specifications The City of Lubbock is seeking a contract for batteries for hand held radios for an 800 MHz radio system. The successful vendor will provide batteries for the City to include, but will not be limited to the following: Supplier must enter exactly what they are bidding (including make and model) onto the bid form in order for the bid to be considered 2. Supplier MUST submit with solicitation a spec sheet stating the volts, Mah, chemistry and cell manufacturer. 3. Batteries that are designated as being Intrinsically Safe must be certified as being FM (Factory Mutual) Certified. A copy of the FM Certification from Factory Mutual Global must accompany the sellers' response. Self Certified IS batteries are not acceptable. 4. Date of manufacture - Supplier must clearly label date of manufacture on battery. Label must not use a code that requires a manufacturer's specific conversion chart to determine age of battery. Warranty — The batteries must have a 12 month warranty or better. Batteries must maintain a charge of 80% or better for the first year with normal use. 6. Battery order Supplier shall accept purchase order numbers for battery purchases. All batteries shall be delivered to the City of Lubbock, Radio Shop, 530 36th Street, Suite 200, Lubbock, TX 79404. 7. Delivery Time — Delivery time is very important. Supplier must deliver order within 2-3 working days after receipt of order. 8. Battery Invoicing — An invoice or delivery ticket shall be included with any battery purchased. The invoice or delivery ticket shall include: battery part number, unit price, total price, and the City's purchase order number. ITB 1 f -020 -DT Batteries for Hand Held Radios — AP City of Lubbock Texas Radio Shop Bid Tabulation February 24, 2011 BID 11 -020 -DT Batteries for Handheld Radios - Annual Pricing 11 -020 -DT Battenes for Handheld Radio Page Extended Item Qty U/M Descri tionNendor Location Unit Cost Cost 1 200 EA Jag 7.5 v 2700 mAh as per specification BatteryZone Inc. Bridgewater, NJ $ 24.25 $ 4,850.00 Emerging Power Hackensack, NJ 31.27 6,254.00 TKC Enterprises Inc. Irving, TX 37.93 7,586.00 Utility Communications, Inc. Hamden, CT 38.50 7,700.00 Battery Place Warner Robins, GA 39.99 7,998.00 ComLink Wireless Tech, Inc. Ft. Worth, TX 40.00 8,000.00 Wireless Innovators Solution Inc. Arcadia, CA 41.00 8,200.00 Battery Solutions Lubbock, TX 41.25 8,250.00 Industrial Communication San Antonio, TX 45.32 9,064.00 2 50 EA Jag 7.5 v 2700 mAh FM approved as per specification Emerging Power Hackensack, NJ 35.12 1,756.00 BatteryZone Inc. Bridgewater, NJ 40.00 2,000.00 TKC Enterprises Inc. Irving, TX 44.88 2,244.00 Battery Solutions Lubbock, TX 45.00 2,250.00 Utility Communications, Inc. Hamden, CT 49.00 2,450.00 Battery Place Warner Robins, GA 52.00 2,600.00 ComLink Wireless Ft. Worth, TX 58.87 2,943.50 Wireless Innovators Solution Inc. Arcadia, CA 61.00 3,050.00 Industrial Communication San Antonio, TX 67.65 3,382.50 3 200 EA MRK 7.5 v 2700 mAh as per specification BatteryZone Inc. Bridgewater, NJ 24.00 4,800.00 CornI.ink Wireless Ft. Worth, TX 33.75 6,750.00 Emerging Power Hackensack, NJ 35.31 7,062.00 Utility Communications, Inc. Hamden, CT 36.00 7,200.00 Wireless Innovators Solution Inc. Arcadia, CA 37.00 7,400.00 TKC Enterprises Inc. Irving, TX 38.78 7,756.00 Battery Place Warner Robins, GA 39.99 7,998.00 Industrial Communication San Antonio, TX 40.37 8,074.00 Battery Solutions Lubbock, TX 41.95 8,390.00 4 50 EA MRK 7.5 v 1700 mAh Ni -Cd FM approved as per specification BatteryZone Inc. Bridgewater, NJ 29.00 1,450.00 Battery Place Warner Robins, GA 33.99 1,699.50 TKC Enterprises Inc. Irving, TX 45.12 2,256.00 ComLink Wireless Ft. Worth, TX 49.50 2,475.00 Emerging Power Hackensack, NJ 54.25 2,712.50 Industrial Communication San Antonio, TX 59.60 2,980.00 Utility Communications, Inc. Hamden, CT 69.75 3,487.50 Wireless Innovators Solution Inc. Arcadia, CA 74.00 3,700.00 Battery Solutions Lubbock, TX NB NB 11 -020 -DT Battenes for Handheld Radio Page City of Lubbock Texas Radio Shop Bid Tabulation February 24, 2011 OVERALL TOTAL ITEM 1-5 BatteryZone Inc. Bridgewater, NJ $ 16,700.00 Extended Item Qty U/M Description/Vendor Location Unit Cost Cost 5 100 EA P5400/P7300 7.5 v 2500 mAh as per specification TKC Enterprises Inc. Irving, TX BatteryZone Inc. Bridgewater, NJ 36.00 3,600.00 Emerging Power Hackensack, NJ 39.20 3,920.00 TKC Enterprises Inc. Irving, TX 41.83 4,183.00 Battery Place Warner Robins, GA 42.99 4,299.00 Utility Communications, Inc. Hamden, CT 43.50 4,350.00 Battery Solutions Lubbock, TX 43.95 4,395.00 Wireless Innovators Solution Inc. Arcadia, CA 52.00 5,200.00 Industrial Communication San Antonio, TX 56.76 5,676.00 ComLink Wireless Ft. Worth, TX 59.38 5,938.00 OVERALL TOTAL ITEM 1-5 BatteryZone Inc. Bridgewater, NJ $ 16,700.00 Emerging Power Hackensack, NJ 21,704.50 Battery Solutions Lubbock, TX 23,285.00 TKC Enterprises Inc. Irving, TX 24,025.00 Battery Place Warner Robins, GA 24,594.50 Utility Communications, Inc. Hamden, CT 25,187.50 ComLink Wireless Ft. Worth, TX 26,106.50 Wireless Innovators Solution Inc. Arcadia, CA 27,550.00 Industrial Communication San Antonio, TX 29,176.50 11 -020 -DT Batteners for Handheld Radia Page 2