HomeMy WebLinkAboutC2020-344 - 9/29/2020 - ApprovedPage 1 of 3
Amendment
City of Corpus Christi
Contracts and Procurement Department
Date: September 29, 2020
Agreement No: 2659-Purchase of Radios for Public Safety
Reference: SA 2659 Amendment No. 1
Service Agreement Current Value $3,567,032.20
The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Dailey
and Wells Communications, Inc., hereinafter referred to as the Contractor, do hereby
acknowledge this amendment of the Purchase of Radios for Public Safety Agreement (the
“Agreement”).
I.
Section 1, Scope, of the Agreement is hereby deleted in its entirety and replaced with the
following language.
“Contractor will provide Purchase of Radios for Public Safety (“Services”) in
accordance with the attached Scope of Work, as shown in Attachment A for Phase
I and in Attachment A-1 for Phase II, the content of each amendment is incorporated
by reference into this Agreement as if fully set out here in its entirety, and in
accordance with Exhibit 2.”
II.
The first sentence of Section 2, Term, of the Agreement is hereby deleted in its entirety and
replaced with the following language.
“This Agreement is for four years, with performance commencing upon the date of
issuance of a notice to proceed from the Contract Administrator or the Contracts
and Procurement Department.”
III.
Section 3, Compensation and Payment, of the Agreement is hereby deleted in its entirety
and replaced with the following language. The purpose of this amendment is to account for
a credit in the amount of $28,875.00 for work that was completed by the City and the add
additional compensation in the amount of $4,186,689.20 for additional radios being
purchased as part of Phase II.
“3. Compensation and Payment. This Agreement is for an amount not to exceed
$7,724,846.40. Payment will be made for Services completed and accepted by the
City, subject to receipt of an acceptable invoice. All pricing for Phase I will be in
accordance with Attachment B, which is attached hereto and incorporated by
reference as if laid out here in its entirety. All pricing for Phase II will be in
accordance with Attachment B-1, which is attached hereto and incorporated by
reference as if laid out here in its entirety.
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The payment for Phase I in the amount of $3,538,157.20, at 0% interest, will be
paid in three payments, in accordance with the following Phase I payment schedule:
November 22, 2019 - $1,189,010.73 – already paid
October 1, 2020 - $1,189,010.73
October 1, 2021 - $1,160,135.74
The payment for Phase II in the amount of $4,186,689.20, at 0% interest, will be
paid in three payments, in accordance with the following Phase II payment
schedule:
30 days after City Council approval - $1,395,563.07
October 1, 2021 - $1,395,563.07
October 3, 2022 - $1,395,563.06
Invoices will be mailed to the following address with a copy provided to the Contract
Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277”
IV.
Section 10, Non-appropriation, of the Agreement is hereby amended to add the following
sentence at the end of the paragraph.
“In the case of City’s exercise of this clause, the City will forfeit any funds paid to
Contractor prior to date of termination as liquidated damages and promptly return
to Contractor any and all equipment provided by Contractor to City.”
IV.
Attachment A-1: Phase II Scope of Work, which is attached hereto and incorporated by
reference as if laid out in its entirety herein, is hereby added to the Agreement. The purpose
of this amendment is to define the items to be purchased in Phase II.
V.
The payment schedule provided at the bottom of page 2 of Attachment B, Pricing Schedule,
to the Agreement is hereby amended as follows. The purpose of this amendment is to show
the credit in the amount of $28,875.00 for certain programming of the Phase I radios that
was performed by City staff.
“November 22, 2019 - $1,189,010.73 – already paid
October 1, 2020 - $1,189,010.73
October 1, 2021 - $1,160,135.74
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VI.
Attachment B-1: Phase II Pricing Schedule, which is attached hereto and incorporated by
reference as if laid out in its entirety herein, is hereby added to the Agreement. The purpose
of this addition is to lay out the pricing of the Phase II radio purchase that is being added as
part of this Amendment.
VII.
Attachment C, Insurance and Bond Requirements, is hereby deleted in its entirety and
replaced with the attached Attachment C: Insurance and Bond Requirements, which is
attached hereto and incorporated by reference as if laid out in its entirety herein. The
purpose of this amendment is to remove insurance requirements that are no longer needed.
The Contractor and the City agree to and shall abide by all terms and conditions of the
original Agreement and any amendments to that Agreement and will acknowledge future
renewals in this same manner to the extent that such acknowledgement is needed for
documentation purposes.
__________________________ ___________
Name Date
Title: _________________________________
Dailey and Wells Communications, Inc.
__________________________ ___________
Kim Baker Date
Director of Contracts and Procurement
City of Corpus Christi, Texas
APPROVED AS TO LEGAL FORM:
______________________________________
Assistant City Attorney Date
For City Attorney
DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010
VP sales
9/9/2020
DocuSign Envelope ID: 8872D809-F275-4BAA-B450-B652B97171E0
9/21/2020
M2020-203
09/29/2020
___________________Authorized By
Council ________________________9/29/2020
ATTEST:
_____________________________
Rebecca Huerta
City Secretary
Page 1 of 2
Attachment A-1: Phase II Scope of Work
1. The Contractor shall provide 121 of XL-200P Portable Full Keypad, 700/800.
2. The Contractor shall provide 244 of XL-200P Portable Full Keypad, 700/800,
C1D1.
3. The Contractor shall provide 19 of Base Station, W/ External Power Supply
XG-75M Mobile, Scan Model,Front Mount, 764/870MHz, EDACS / P25 PHASE II.
4. The Contractor shall provide 6 XG-75M Mobile, Scan Model, Remote Mount,
Dual Head, 764 / 870MHz, EDACS P25 PHASE II.
5. The Contractor shall provide 43 of XG-75M Mobile, Scan Model, Front
Mount, 764 / 870MHz, EDACS / P25 PHASE II.
6. The Contractor shall provide 19 of CS7000 CONTROL STATION, LOCAL
CONTROL, 764-870MHz, EDACS / P25 PHASE II.
7. The Contractor shall provide 585 of PORTABLE RADIO ACCESSORIES
(Batteries).
8. The Contractor shall provide a feature upgrade for multi-key encryption
and a quantity of 452 of a feature upgrade for P25 Trunking.
9. The Contractor shall ship radio equipment to the Dailey-Wells Corpus Christi
facility for inventory and deployment.
10. The Contractor shall install all work at 321 John Sartain St., Corpus Christi, TX
78401. (Corpus Christi Police Department)
11. The Contractor shall conduct his work during normal business hours.
12. The Contractor shall install XG-75 mobile radios.
13. The Contractor shall develop XL/XG radio personalities with Corpus Christi.
14. The Contractor shall program the portable and mobile radios consistent
with system database of users with Corpus Christi approved personality.
15. The Contractor shall enter the defined User ID for the radios during
programming.
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16. The Contractor shall ensure that all the provided radios will be capable of both
EDACS and P25 operation to enable a smooth and seamless migration to P25
systems.
17. The Contractor shall ensure that each radio includes the P25 phase 2 feature
license and single-key AES encryption for operating on the fully deployed P25
system.
DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010DocuSign Envelope ID: 8872D809-F275-4BAA-B450-B652B97171E0
DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010DocuSign Envelope ID: 8872D809-F275-4BAA-B450-B652B97171E0
DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010DocuSign Envelope ID: 8872D809-F275-4BAA-B450-B652B97171E0
DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010DocuSign Envelope ID: 8872D809-F275-4BAA-B450-B652B97171E0
DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010DocuSign Envelope ID: 8872D809-F275-4BAA-B450-B652B97171E0
DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010DocuSign Envelope ID: 8872D809-F275-4BAA-B450-B652B97171E0
Attachment C: Insurance and Bond Requirements
I. CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by
the City. Contractor must not allow any subcontractor, to commence work
until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administer
one (1) copy of Certificates of Insurance with applicable policy
endorsements showing the following minimum coverage by an insurance
company(s) acceptable to the City’s Risk Manager. The City must be listed
as an additional insured on the General liability and Auto Liability policies
by endorsement, and a waiver of subrogation endorsement is required on
all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box
of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE
COVERAGE
30-day advance written notice of
cancellation, non-renewal,
material change or
termination required on all
certificates and policies.
Bodily Injury and Property
Damage
Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY
including:
1. Commercial Broad Form
2. Premises – Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising
Injury
$1,000,000 Per Occurrence
$1,000,000 Aggregate
WORKERS’S COMPENSATION
(All States Endorsement if
Company is not
domiciled in Texas)
Employers Liability
Statutory and complies with
Part II of this
Exhibit.
$500,000/$500,000/$500,000
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C. In the event of accidents of any kind related to this contract, Contractor
must furnish the Risk Manager with copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers’
compensation coverage through a licensed insurance company. The
coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers’ compensation coverage
provided must be in statutory amounts according to the Texas Department
of Insurance, Division of Workers’ Compensation. An All States Endorsement
shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business in the
State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term
of this contract and any extensions within 10 days of the policy expiration dates. All
notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as
additional insureds by endorsement with regard to operations, completed
operations, and activities of or on behalf of the named insured performed
under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
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• Provide thirty (30) calendar days advance written notice directly to City of
any, cancellation, non-renewal, material change or termination in
coverage and not less than ten (10) calendar days advance written notice
for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material
change or termination of coverage, Contractor shall provide a
replacement Certificate of Insurance and applicable endorsements to
City. City shall have the option to suspend Contractor's performance should
there be a lapse in coverage at any time during this contract. Failure to
provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's
failure to provide and maintain any insurance or policy endorsements to
the extent and within the time herein required, the City shall have the right
to order Contractor to stop work hereunder, and/or withhold any
payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the
extent to which Contractor may be held responsible for payments of
damages to persons or property resulting from Contractor's or its
subcontractor’s performance of the work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the
City of Corpus Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2020 Insurance Requirements
Ins. Req. Exhibit 7-D
IT Contracts – Hardware Installation
06/08/2020 Risk Management – Legal Dept
No bonds are required for this Service Agreement.
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