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HomeMy WebLinkAboutResolution - 2009-R0080 - Contract - Gene Messer Ford - Police Vehicle Equipment Installation - 02/26/2009Resolution No. 2009-ROO80 February 26, 2009 Item No. 5.1.5 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 police vehicle equipment installation service as per Bid 09 -011 -MA, by and between the City of Lubbock and Gene Messer Ford of Lubbock, 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 ATTEST: - % /-� 0 0 1.0 1. S�7C Rebe&a Garza, City Secretary APPROVED AS TO CONTENT: 26th day of Mark Yea Wad, Assistant City Manager Chie Information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney February ,2009. TOM MARTIN, MAYOR vw/ccdocs/Chad/Resolutions/RES.Contract-Gene Messer Ford February 18, 2009 Contract: 8845 lTl3 #09 -01I -MA , Police Vehicle Equipment Installation Service Resolution No. 2009-ROO80 CITY OF LUBBOCK CONTRACT FOR SERVICES For Police Vehicle Equipment Installation Service Bid No. 09 -011 -MA THIS CONTRACT, made and entered into this 26th day of February, 2009, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Gene Messer Ford, ("Contractor"). WITNNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Police Vehicle Equipment Installation Service 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 Police Vehicle Equipment Installation Service. 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 Police Vehicle Equipment Installation Service 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 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 period for one (1) year, said date of term beginning upon City Council date of formal approval. The City and the Vendor may, upon written mutual consent, extend the contract two additional one-year periods. 5. 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. ITB #09 -011 -MA A. Police Vehicle Equipment Installation ITB#09-0I1-MA, police Vehicle Equipment Installalion Service 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. 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 Worker's Compensation Statutory and Employers Liability $500,000 Commercial General (public) Liability insurance including coverage for the following: a. Premises operations b. Independent contractors C. Products/completed operations d. Personal injury e. Advertising injury f Contractual liability g. Medical payments Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or its equivalent. Comprehensive Automobile Combined single limit for Liability insurance, including bodily injury and property Coverage for loading and unloading of $500,000 per occurrence hazards, for: or its equivalent. a. Owned/leased vehicles b. Non -owned vehicles Commercial General Liability Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insureds 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 ITB #09-011 -MA . Police Vehicle Equipment Installation ITB #09-011-h4A , Police Vehicle Equipment Installation Service 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. 8. 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. 9. This Contract consists of the following documents set forth herein; Invitation to Bid #09 -030 - 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 Tom Varim , Mayor ATTEST: Reb Garza, City Secretary APPROVED AS TO CONTENT: I1P ��S F,P� For Address Ma od, Ch1 f Information Officer/ Assistant Cit Manager APPROVED,AS TO FORM: Assistant City Attorney ITB 009 -011 -MA, Police Vehicle Equipment Installation ITB H09 -011 -MA , Police Vehicle Equipment Installation Service Resolution No. 2009-80480 BID FORM Police Vehicle Equipment Installation Service CITY OF LUBBOCK, TEXAS ITB # 09 -011 -MA In compliance with the Invitation to Bid # 09 -011 -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 #[bid number] is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITE M Qty Installation of Equipment as described in bid specification Flat Rate per Unit Extended Price 1. 92 Police Patrol Vehicle $�� � �tY i.�✓"v 2. 15 Investigation Vehicle, TOTAL BID $�J. 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 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 Hous. Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, So Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal wer Agency, Lynn County, and City of Wolfforth. YES 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. ITB #09-01 I -MA, Police Vehicle Equipment Installation ITB 1109 -011 -MA , Poi' a Vehicle Equipment Installation Service THIS BID IS SUBMITTED By tl ���J r a corporation organized under t rp g he laws of the State of e i{ C , or a partnership consisting of or an individual trading as e s se Ir C>U 10-rh of the City of City: bo C*-; State:_ zip NIWBE Woman Black American Native Finn: Officer Name and - ILI - P - must .eivn V Business Telephone Number -�1 FAX:EbQ LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB #09 -011 -MA , Police Vehicle Equipment installation