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HomeMy WebLinkAboutResolution - 2009-R0157 - PO - South Plains Communications - Data Radio Replacement Services - 04/27/2009Resolution No. 2009-RO157 April 27, 2009 Item No. 5.12 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 a Purchase Order Contract and any associated documents with Sorlth Plains Communications of Lubbock, Texas, for data radio replacement services, which Purchase Order Contract is attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 27th day of April '2009. TOM MARTIN, MAYOR ATTEST: al\vl- Rebec a Garza, City Secretary APPROVE TJJ CONTENT: , Deputy City Manager APPROVED AS�`f,0 FORM_'. 1 Don Vandiver, City Attorney DDreslSo 1111PlainsComniPQcon09Res April 10, 2001) TO R C H A S E ORDER SOUTH PLAINS COMMUNICATIONS 5811 34TH ST LUBBOCK TX 79407 7809 INVOICE TO: CIT)' OF Lt BBOCK ACCOUNTS PAVABLE P.O. BOX 2000 LUBBOCK. TX 74457 SHIP TO: SY: Page 1 Date 4/16/09 Order No. - 346197 000 OP Brn/Plt - 3511 CITY OF LUBBOCK 6001 N GUAVA LUBBOCK TX 79403 ------------------------------------------------------{V------------------- Ordered - 04/16/09 Freight FOB Destination Frt Prepaid Requested - 08/03/09 Taken By - MARTA ALVAREZ Delivery - Per Quote Dated 03/09/2009 Jay P. Jenkins Description / Supplier Ite Ordered UM Unit Cost UM Extension ---------------------- ---------------- -- --------- MDS Model 9710 Transceiver 12.000 EA 1,335.0000 EA 16,020.00 Model 9710 MDS licensed 900 mHz. transceiver, per specifications EA 1,224.00 Radio management diagnostic 12.000 EA Program and setup for 9710 12.000 EA 900 mHz. antenna 1.000 EA MDS DSP Master Model 9790 1.000 EA MDS Model 9790 licensed master station. EA Radio management diagnostic 1.000 EA Program and setup for 9790 1.000 EA 900 mHz. antenna 2.000 EA Coax cable and connectors 1.000 EA FCC License for 900 mHz sys 1.000 EA Coax ground kit 6.000 EA Labor 1.000 EA Insurance Requirements Per Attachement "A" EA Req. Dt 08/03/09 102.0000 EA 1,224.00 08/03/09 100.0000 EA 1,200.00 08/03/09 1,300.0000 EA 1,300.00 08/03/09 7,900.0000 EA 7,900.00 08/03/09 216.0000 EA 216.00 08/03/09 250.0000 EA 250.00 08/03/09 1,300.0000 EA 2,600.00 08/03/09 2,600.0000 EA 2,600.00 08/03/09 1,250.0000 EA 1,250.00 08/03/09 '60.0000 EA 300.00 08/03/09 4,000.0000 EA 4,000.00 08/03/09 This purchase order encumbers funds in the amount of 538,860 for the purchase of Data Radio Upgrade System of 'Lubbock, TX on April 27, 2009 in accordance with your response quote dated March 9, 2009. The following is incorporated into and made part of this purchase order by reference: Quote dated March 9, 2009. Resolution# 2009—RO157 CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Rebecc Garza, City Secretary Total der ------------------------------------------------ Terms NET 30 38,860.00 ATTACHMENT "A" Data Radio System Upgrade Services CITY OF LUBBOCK, TEXAS II. INSURANCE Resolution No. 2009--RO157 SECTION A. Prior to the approval of this contract by the City, the Vendor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Vendor. SECTION C. Subject to the Vendor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Vendor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Vendor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): GENERAL LIABILITY ® Commercial General Liability General Aggregate 500,000 Claims Made ® Occurrence Prod ucts-Comp/Op AGG x with the following endorsements: Personal Et Adv. Injury x Contractual Liability x AUTOMOTIVE LIABILITY Any Auto Combined Single Limit 500,00 WORKERS COMPENSATION E Statutory Amounts EMPLOYERS' LIABILITY 500,00 AND/OR OCCUPATIONAL MEDICAL AND DISABILITY ® City of Lubbock named as primary additional insured on Auto/General Liability & ® Waiver of subrogation in favor of the City of Lubbock on all coverage's, except Workers' Compensation and Employers Liability Insurance: Contractor shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Lease and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of workers' compensation insurance coverage by Contractor or any cancellation or non -renewal of workers' 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 waiver of subrogation in favor of the City of Lubbock. The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 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 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. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Purchasing Manager City of Lubbock 1625 l3"' Street, Room L04 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability.