HomeMy WebLinkAboutC2016-402 - 9/27/2016 - Approved 69QS
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SERVICE AGREEMENT NO. 898
1852 Police and Municipal Court Parking Project Lot
Improvements Phase 2 - Controlled Access Gates
THIS Police and Municipal Court Parking Lot Improvements Phase 2 -
Controlled Access Gate Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Total Protection Systems, Inc. ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide and install controlled access gates
in response to Request for Bid/Proposal No. Sole Source Procurement ("RFB/RFP"),
which RFB/RFP includes the required scope of work and all specifications and
which RFB/RFP and the Contractor's bid or proposal response, as applicable, are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as
if each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide and install controlled access gates
("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with
Exhibit 2.
2. Term. This Agreement is for two months, with performance commencing
upon the date of issuance of a notice to proceed from the Contract
Administrator or Purchasing Division. This Agreement includes an option to
extend the term for up to zero additional zero-month periods ("Option
Period"), provided, the parties do so prior to expiration of the original term or
the then-current Option Period. The decision to exercise the option to extend
the term of this Agreement is, at all times,within the sole discretion of the City
and is conditioned upon the prior written agreement of the Contractor and
the City Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed$114,543.32,subject to approved extensions and changes. Payment
will be made for Services completed and accepted by the City within 30
days of acceptance,subject to receipt of an acceptable invoice. All pricing
must be in accordance with the attached Bid/Pricing Schedule, as shown in
City of Corpus Christi Page 1 of 8
S rvicP Agreement Standard Form
2016-402
9/27/16
Res. 030969
Total Protection Systems Inc. INDEXED
Attachment B, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under
this Agreement, including deductions for non-performance and
authorizations for payment. The City's Contract Administrator for this
Agreement is as follows:
Name: Shane Torno
Department: Engineering
Phone: 361-826-3502
Email: ShaneT@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required
insurance coverages, to the City's Risk Manager and the Contract
Administrator. Additionally, the COI must state that the City will be given at
least 30 days' advance written notice of cancellation, material change in
coverage,or intent not to renew any of the policies. The City must be named
as an additional insured. The City Attorney must be given copies of all
insurance policies within 10 days of the City Manager's written request.
Insurance requirements are as stated in Attachment C, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety.
(B) In the event a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement
before performance can commence, the terms, conditions, and amounts
required in the bonds and appropriate surety information are as included in
the RFB/RFP or as may be added to Attachment C, and such content is
incorporated here in this Agreement by reference as if each bond's terms,
conditions, and amounts were fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its
right to specify time, place and quantity of Services to be delivered in the
following manner: any City department or division may send to Contractor
a purchase release order signed by an authorized agent of the department
or division. The purchase release order must refer to this Agreement, and
City of Corpus Christi Page 2 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Services will not be rendered until the Contractor receives the signed
purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not
accepted by the City must be corrected or re-worked immediately at no
charge to the City. If immediate correction or re-working at no charge
cannot be made by the Contractor, a replacement service may be
procured by the City on the open market and any costs incurred, including
additional costs over the item's bid/proposal price, must be paid by the
Contractor within 30 days of receipt of City's invoice.
8. Warranty. The Contractor warrants that all products supplied under this
Agreement are new, quality items that are free from defects, fit for their
intended purpose, and of good material and workmanship. The Contractor
warrants that it has clear title to the products and that the products are free
of liens or encumbrances. In addition, the products purchased under this
Agreement shall be warranted by the Contractor or, if indicated in
Attachment D by the manufacturer, for the period stated in Attachment D.
Attachment D is attached to this Agreement and is incorporated by
reference into this Agreement as if fully set out here in its entirety.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the
Bid/Pricing Schedule are estimates only and do not obligate the City to order
or accept more than the City's actual requirements nor do the estimates
restrict the City from ordering less than its actual needs during the term of the
Agreement and including any Option Period. Substitutions and deviations
from the City's product requirements or specifications are prohibited without
the prior written approval of the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of
any fiscal year of the City,which fiscal year ends on September 30th annually,
is subject to appropriations and budget approval specifically covering this
Agreement as an expenditure in said budget, and it is within the sole
discretion of the City's City Council to determine whether or not to fund this
Agreement. The City does not represent that this budget item will be
adopted, as said determination is within the City Council's sole discretion
when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its
own manner and method, and under no circumstances or conditions will any
agent, servant or employee of the Contractor be considered an employee
of the City.
City of Corpus Christi Page 3 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
12. Subcontractors. Contractor may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors,
however, the Contractor must obtain prior written approval from the
Contract Administrator if the subcontractors were not named at the time of
bid or proposal, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors
and their employees to the same extent as if the Contractor and its
employees had performed the work.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
14. Waiver. No waiver by either party of any breach of any term or condition of
this Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the
City Manager shall be provided proof of payment of these taxes within 15
days of such request.
16. Notice. Any notice required under this Agreement must be given by fax,
hand delivery, or certified mail, postage prepaid, and is deemed received
on the day faxed or hand-delivered or on the third day after postmark if sent
by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Shane Torno
Title: Project Manager
Address: 1201 Leopard St., Corpus Christi, Texas 75401
Phone: 361-826-3502
IF TO CONTRACTOR:
Total Protection Systems, Inc.
Attn: Ed Donnell
Title : President
Address: P.O.Box 270837, Corpus Christi, Texas 78427
Phone : 361-289-2788
City of Corpus Christi Page 4 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS,
EMPLOYEES AND AGENTS ( INDEMNITEES") FROM AND AGAINST
ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND
CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT
OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY
OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND
EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT
OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE
PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE
INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO
BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE
OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF
INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON.
CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL
CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER
DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND
ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS,
DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS
AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure
to perform the work specified in this Agreement or to keep any required
insurance policies in force during the entire term of this Agreement. The
Contract Administrator must give the Contractor written notice of the breach
and set out a reasonable opportunity to cure. If the Contractor has not
cured within the cure period, the City Manager may terminate this
Agreement immediately thereafter.
City of Corpus Christi Page 5 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The
City Manager may also terminate this Agreement upon 24 hours written
notice to the Contractor for failure to pay or provide proof of payment of
taxes as set out in this Agreement.
19. Assignment. No assignment of this Agreement by the Contractor, or of any
right or interest contained herein, is effective unless the City Manager first
gives written consent to such assignment. The performance of this
Agreement by the Contractor is of the essence of this Agreement, and the
City Manager's right to withhold consent to such assignment is within the sole
discretion of the City Manager on any ground whatsoever.
20. Severability. Each provision of this Agreement is considered to be severable
and, if, for any reason, any provision or part of this Agreement is determined
to be invalid and contrary to applicable law, such invalidity shall not impair
the operation of nor affect those portions of this Agreement that are valid,
but this Agreement shall be construed and enforced in all respects as if the
invalid or unenforceable provision or part had been omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies
between this Agreement, its attachments, and exhibits, such conflicts and
inconsistencies will be resolved by reference to the documents in the
following order of priority:
A. this Agreement and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. the Contractor's bid response (Exhibit 2)
22. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to
complete Form 1295 "Certificate of Interested Parties" as part of this
Agreement.
23. Governing Law.This Agreement is subject to all federal, State, and local laws,
rules, and regulations. The applicable law for any legal disputes arising out
of this Agreement is the law of the State of Texas, and such form and venue
for such disputes is the appropriate district, county, or justice court in and for
Nueces County, Texas.
24. Entire Agreement.This Agreement constitutes the entire agreement between
the parties concerning the subject matter of this Agreement and supersedes
City of Corpus Christi Page 6 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
all prior negotiations, arrangements, agreements and understandings, either
oral or written, between the parties.
(SIGNATURE PAGE FOLLOWS)
City of Corpus Christi Page 7 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
CONTRACTO- RA1147— - - ,C-
Signature, �'z_ff�
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Printed Name: 1v.`4
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Date:
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CITY OF CORPUS CHRISTI
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Printed Name: f\rNc...v4 t "T",L4.-ra2�_
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Date: C 30 TTEST: � � �
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REBECCA HUERTA
CITY SECRETARY //``
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Attached and Incorporated by Reference:
iY COUNCIL.......
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule SECRETARY ,
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No.
Exhibit 2: Contractor's Bid/Proposal Response
`7-Z 7_li
Approved as to form:
City of Corpus Christi Page 8 of 8
Service Agreement Standard Form By
Approved as to Legal Form 7/1/16 Assistant City Attorney
For City Attorney
Attachment A - Scope of Work
Scope of Work: This project includes 2 full height personnel gates, 2-23'6" by 6'8" gates
along with posts, 2 - 1 hp gate operator, 1 emergency all gates open station, 1 long
range reader with mounting stand, 2 card readers with stands, 200 windshield tags, 4
loop detectors, as well as all hardware, enclosures, pull stations, programming, conduit,
wiring, and incidentals required for a working system. All related work should be
coordinated with Engineering Services, Corpus Christi Police Department, and fencing
contractor.
Attachment B -Schedule of Pricing
Slide Gate Operator System
Qty Part# Description List Total
2 SL3000101U lhp gate operator 115V $ 3,285.90
$ 6,571.80
2 LMRRU safety beam $ 199.80 $ 399.60
4 LOOPDETLM plugin loop detector $ 161.10 $ 644.40
2 MSEL mounting stand $ 276.30 $ 552.60
4 LOT Saw cut loops $ 600.00 $ 2,400.00
1 LOT Freight $ 150.00 $ 150.00
Tymetal Slide Gates
Qty Part# Description List Total
2 23'6"X6'8" gate/post/installed $13,210.80 $ 26,421.61
1 LOT freight $ 1,009.80 $ 1,009.80
2 ASSY Unistrut rack for enclosure $ 200.00 $ 400.00
Personal Gates
Qty Part# Description List Total
2 MSGXE Full height personnel gate $12,309.50 $ 24,619.00
1 LOT Freight $ 759.00 $ 759.00
Access Control System
Qty Part# Description List Total
Emg all gates open station
1 02-407 (dispatch) $ 75.01 $ 75.01
1 WS-UHF-0-0 Long Range Reader $ 2,515.50 $ 2,515.50
1 WS-UHF-0-0 LR power supply $ 70.00 $ 70.00
1 WS-UHF-0-0 LR mounting bracket $ 70.00 $ 70.00
1 LR-P-12 LR Mounting stand(3") $ 105.60 $ 105.60
200 WS-UHF-0-0 Windshield tags(per PD) $ 14.00 $ 2,800.00
1 5375G MaxiPROX reader $ 739.80 $ 739.80
2 53556 ProxPro card reader $ 317.00 $ 634.00
1 DIN-24 24V DIN power supply $ 72.00 $ 72.00
1 RS-TPSI-L Reader Stand low $ 673.60 $ 673.60
1 HS-TPSI Hood Small $ 240.00 $ 240.00
1 FP-TPSI Faceplate $ 80.00 $ 80.00
1 3270 Knox Lock Box blk Hinged $ 579.00 $ 579.00
1 EP1502 Dual door electronics $ 1,338.30 $ 1,338.30
3 MR50 Single door electronics $ 372.60 $ 1,117.80
2 181808 18x18x8 NEMA 4 enclosure $ 644.00 $ 1,288.00
3 LIN-PS Linear Power Supply $ 130.50 $ 391.50
3 T1656 Transformer $ 60.30 $ 180.90
1 ENCL Enclosure indoor $ 261.90 $ 261.90
250 Oasis Oasis Cable inside bldg.. $ 1.86 $ 465.00
1000 Beldon 4/18 cable outdoor strd $ 0.6976 $ 697.60
6 LOT TPSI System Programming $ 110.00 $ 660.00
200 LOT MH Installation $ 85.00 $ 17,000.00
1 Lot Boring from building to gates,
install two 1"conduits $10,900.00 $ 10,900.00
1 Lot Asphalt repair for boring locations
five $ 1,440.00 $ 1,440.00
2 lot In ground pull boxes with covers
drive-over $ 560.00 $ 1,120.00
4 lot Operator Pads $ 250.00 $ 1,000.00
1 lot Electrical,wiring,breakers,
installation(sub-contract) $ 4,100.00 $ 4,100.00
$114,543.32
NOTES:
1. Does include any city permits
2. Does not include traffic controls
Attachment C - Insurance and Bond Requirements
INSURANCE REQUIREMENTS
ARTICLE 1—INSURANCE REQUIREMENTS
1.01 CONTRACTOR'S INSURANCE AMOUNTS
A. Provide the insurance coverage for at least the following amounts unless greater amounts
are required by Laws and Regulations:
Type of Insurance Minimum Insurance Coverage
Commercial General Liability including
1. Commercial Form
2. Premises—Completed Operations
3. Explosions and Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations $1,000,000 Per Occurrence
Hazard $2,000,000 Aggregate
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal&Advertising Injury
Business Automobile Liability-Owned,
Non-Owned,Rented and Leased $1,000,000 Combined Single Limit
Workers'Compensation Statutory
Employer's Liability $500,000/500,000/500,000
Excess Liability/Umbrella Liability
$1,000,000 Per Occurrence
Required if Contract Price>$5,000,000
Contractor's Pollution Liability/ $1,000,000 Per Claim
Environmental Impairment Coverage
Not limited to sudden and accidental ❑ Required ® Not Required
discharge. To include long-term
environmental impact for the disposal of
pollutants/contaminants.
Required if excavation>3 ft
Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of
Structure and Contents
Required for vertical structures and bridges
0 Required ® Not Required
Installation Floater Equal to Contract Price
Required if installing city-owned equipment ❑ Required ® Not Required
1.02 GENERAL PROVISIONS
A. Provide insurance coverages and limits meeting the requirements for insurance in
accordance with Article 6 of the General Conditions and this Section.
B. Provide endorsements to the policies as outlined in this Section.
C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas
to issue insurance policies for the required limits and coverages. Provide insurance from
companies that have an A.M. Best rating of A-VIII or better.
D. Furnish copies of endorsements and documentation of applicable self-insured retentions
and deductibles upon request by OPT or any named insured or additional insured.
Contractor may block out(redact)any confidential premium or pricing information
contained in any endorsement furnished under this Contract.
E. The name and number of the Project must be referenced on the certificate of insurance.
F. OPT's failure to demand such certificates or other evidence of the Contractor's full
compliance with the insurance requirements or failure to identify a deficiency in
compliance from the evidence provided is not a waiver of the Contractor's obligation to
obtain and maintain the insurance required by the Contract Documents.
G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by
the Contract Documents. Contractor shall not be allowed to perform any Work on the
Project until the required insurance policies are in effect. A Certificate of Liability
Insurance shall be submitted to the OPT.
H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights
under Article 16 of the General Conditions if Contractor fails to obtain or maintain the
required insurance.
I. Owner does not represent that the insurance coverage and limits established in this
Contract are adequate to protect Contractor or Contractor's interests.
J. The required insurance and insurance limits do not limit the Contractor's liability under the
indemnities granted to Owner's Indemnitees in the Contract Documents.
K. Provide for an endorsement that the"other insurance"clause shall not apply to the OPT
where the OPT is an additional insured shown on the policy. Contractor's insurance is
primary and non-contributory with respect to any insurance or self-insurance carried by the
OPT for liability arising out of operations under this Contract.
L. Include the Owner and list the other members of the OPT and any other individuals or
entities identified in the Supplementary Conditions as additional insureds on all policies
with the exception of the workers'compensation policy and Contractor's professional
liability policy.
1.03 CONTRACTOR'S INSURANCE
A. Purchase and maintain workers'compensation and employer's liability insurance for:
1. Claims under workers'compensation,disability benefits,and other similar employee
benefit acts. Obtain workers'compensation coverage through a licensed insurance
company in accordance with Texas law and written on a policy and endorsements
approved by the Texas Department of Insurance. Provide insurance in amounts to
meet all workers'compensation obligations. Provide an"All Other States"
endorsement if Contractor is not domiciled in Texas and policy is not written in
accordance with Texas Department of Insurance rules.
2. Claims for damages because of bodily injury,occupational sickness or disease,or death
of Contractor's employees.
3. United States Longshoreman and Harbor Workers'Compensation Act and Jones Act
coverage(if applicable).
4. Foreign voluntary worker compensation (if applicable).
B. Purchase and maintain commercial general liability insurance covering all operations by or
on behalf of Contractor. The expected coverage is that which would be included in a
commercially available ISO Commercial General Liability policy and should provide
coverage on an occurrence basis,against:
1. Claims for damages because of bodily injury,sickness or disease,or death of any
person other than Contractor's employees;
2. Claims for damages insured by reasonably available personal injury liability coverage
which are sustained;
3. By any person as a result of an offense directly or indirectly related to the employment
of such person by Contractor;and
4. Claims for damages,other than to the Work itself, because of injury to or destruction
of tangible property wherever located,including any resulting loss of use.
C. Provide Contractor's commercial general liability policy that is written on a 1996(or later)
ISO commercial general liability form(occurrence form)and include the following
coverages and endorsements:
1. Products and completed operations coverage as required in this Section. Insurance is
to remain in effective for 3 years after final payment. Furnish evidence of the
continuation of this insurance at final payment and again each year for 3 years after
final payment to Owner and each named insured or additional insured.
a. If required by Paragraph 1.01,provide and maintain Installation Floater insurance
for property under the care,custody,or control of Contractor. Provide
Installation Floater insurance that is a broad form or"All Peril"policy providing
coverage for all materials,supplies, machinery,fixtures,and equipment which will
be incorporated into the Work.
1) Provide coverage under the Contractor's Installation Floater that includes:
a) Faulty or Defective workmanship, materials,maintenance,or
construction;
b) Cost to remove Defective or damaged Work from the Siteor to protect
it from loss or damage;
c) Cost to cleanup and remove pollutants;
d) Coverage for testing and startup;
e) Any loss to property while in transit;
f) Any loss at the Site;
g) Any loss while in storage,both on and off the Site;and
h) Any loss to temporary Project Works if their value is included in the
Contract Price.
2) Coverage cannot be contingent on an external cause or risk or limited to
property for which the Contractor is legally liable. Provide limits of insurance
adequate to cover the value of the installation. Pay any deductible carried
under this coverage and assume responsibility for claims on materials,
supplies,machinery,fixture,and equipment which will be incorporated into
the Work while in transit or in storage.
2. Blanket contractual liability coverage for Contractor's contractual indemnity
obligations in Paragraph 7.14 of the General Conditions,and all other contractual
indemnity obligations of Contractor in the Contract Documents. Industry standard ISO
Contractual liability coverage will meet this obligation.
3. Broad form property damage coverage.
4. Severability of interest.
5. Underground explosion and collapse coverage.
6. Personal injury coverage.
7. Endorsement CG 2032,"Additional Insured-Engineers,Architects or Surveyors Not
Engaged by the Named Insured"or its equivalent.
D. Purchase and maintain automobile liability insurance against claims for damages because
of bodily injury or death of any person or property damage arising out of the ownership,
maintenance or use of any motor vehicle.
E. For Projects with a Contract Value that exceeds$5,000,000,purchase and maintain
umbrella or excess liability insurance written over the underlying employer's liability,
commercial general liability,and automobile liability insurance described in the paragraphs
above. Provide coverage that is at least as broad as all underlying policies. Provide a policy
that provides first-dollar liability coverage as needed.
F. Provide Contractor's commercial general liability and automobile liability policies that:
1. Are written on an occurrence basis;
2. Include the individuals or entities identified in the Supplementary Conditions as
additional insureds;
3. Include coverage for Owners Indemnitees as defined in Article 1 of the General
Conditions;and
4. Provide primary coverage for all claims covered by the policies, including those arising
from both ongoing and completed operations.
G. Purchase and maintain insurance coverage for third-party injury and property damage
claims,including clean-up costs that result from Hazardous Environmental Conditions
which result from Contractor's operations and completed operations. Provide Contractor's
pollution liability insurance that includes long-term environmental impacts for the disposal
of pollutants/contaminants and is not limited to sudden and accidental discharge. The
completed operations coverage is to remain in effect for 3 years after final payment. The
policy must name OPT and any other individuals and entities identified in the
Supplementary Conditions as additional insureds.
H. Purchase and maintain applicable professional liability insurance,or have Subcontractors
and Suppliers do so,if Contractor or any Subcontractor or Supplier will provide or furnish
professional services under this Contract.
I. The policies of insurance required by this Section must:
1. Include at least the specific coverages and be written for not less than the limits of
liability provided in this Section or required by Laws or Regulations,whichever is
greater.
2. Contain a provision that coverage afforded will not be canceled or materially changed
until at least 30 days prior written notice has been given to Contractor,Owner,and all
named insureds and additional insureds.
3. Remain in effect at all times when Contractor is performing Work or is at the Site to
conduct tasks arising from the Contract Documents.
4. Be appropriate for the Work being performed and provide protection from claims
resulting from the Contractor's performance of the Work and Contractor's other
obligations under the Contract Documents,whether performed by Contractor,
Subcontractor,Supplier,anyone directly or indirectly employed or retained by any of
them,or by anyone for whose acts they may be liable.
J. The coverage requirements for specific policies of insurance must be met directly by those
policies and may not rely on excess or umbrella insurance provided in other policies to
meet the coverage requirement.
1.04 PROPERTY INSURANCE
A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost
of the Project. This policy is subject to the deductible amounts requirements in this Section
or those required by Laws and Regulations and must comply with the requirements of
Paragraph 1.06. This insurance shall:
1. Include the OPT,Contractor,and all Subcontractors,and any other individuals or
entities identified in the Supplementary Conditions,as named insureds.
2. Be written on a builder's risk"all risk" policy form that includes insurance for physical
loss or damage to the Work,temporary buildings,falsework,and materials and
equipment in transit,and insures against at least the following perils or causes of loss:
fire;lightning;windstorm;riot;civil commotion;terrorism;vehicle impact;aircraft;
smoke;theft;vandalism and malicious mischief;mechanical breakdown,boiler
explosion,and artificially generated electric current;earthquake;volcanic activity,and
other earth movement;flood;collapse;explosion;debris removal;demolition
occasioned by enforcement of Laws and Regulations;water damage(other than that
caused by flood);and such other perils or causes of loss as may be specifically required
by this Section. If insurance against mechanical breakdown,boiler explosion,and
artificially generated electric current;earthquake;volcanic activity,and other earth
movement;or flood,are not commercially available under builder's risk,by
endorsement or otherwise,this insurance may be provided through other insurance
policies acceptable to Owner and Contractor.
3. Cover expenses incurred in the repair or replacement of any insured property.
4. Cover materials and equipment in transit or stored prior to being incorporated in the
Work.
5. Cover Owner-furnished or assigned property.
6. Allow for partial utilization of the Work by Owner.
7. Allow for the waiver of the insurer's subrogation rights as set forth below.
8. Provide primary coverage for all losses and damages caused by the perils or causes of
loss covered.
9. Not include a co-insurance clause.
10. Include a broad exception for ensuing losses from physical damage or loss with respect
to any Defective workmanship,design,or materials exclusions.
11. Include testing and startup.
12. Be maintained in effect until the Work as a whole is complete,unless otherwise
agreed to in writing by Owner and Contractor.
B. Evidence of insurance provided must contain a provision or endorsement that the coverage
afforded will not be canceled or materially changed or renewal refused until at least 30
days prior written notice has been given to Owner and Contractor and to each named
insured.
C. Pay for costs not covered by the policy deductible.
D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of
the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of
the General Conditions. Maintain the builder's risk insurance in effect during this Partial
Occupancy or Use.
E. Contractor may purchase other special insurance to be included in or to supplement the
builder's risk or property insurance policies provided under this Section.
F. Contractor,Subcontractors,or employees of the Contractor or a Subcontractor owning
property items,such as tools,construction equipment,or other personal property not
expressly covered in the insurance required by the Contract Documents are responsible for
providing their own insurance.
1.05 WAIVER OF RIGHTS
A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified
in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS.
B. All policies purchased in accordance with this Section are to contain provisions to the effect
that the insurers have no rights of recovery against OPT,named insureds or additional
insureds in the event of a payment for loss or damage. Contractor and insurers waive all
rights against the Owner's Indemnities for losses and damages created by or resulting from
any of the perils or causes of loss covered by these policies and any other applicable
property insurance. None of these waivers extend to the rights Contractor has to the
proceeds of insurance as trustee.
C. Contractor is responsible for assuring that agreements with Subcontractors contains
provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor,
named insureds and additional insureds,and the officers,directors,members,partners,
employees,agents,consultants,and subcontractors of each and any of them,for all losses
and damages created by or resulting from any of the perils or causes of loss covered by
builder's risk insurance and other property insurance.
1.06 OWNER'S INSURANCE FOR THE PROJECT
A. Owner is not responsible for purchasing and maintaining any insurance to protect the
interest of the Contractor,Subcontractors,or others in the Work. The stated limits of
insurance required are minimum only. Determine the limits that are adequate. These
limits may be basic policy limits or any combination of basic limits and umbrella limits. In
any event,Contractor is fully responsible for all losses arising out of, resulting from,or
connected with operations under this Contract whether or not these losses are covered by
insurance. The acceptance of evidence of insurance by the OPT, named insureds,or
additional insureds does not release the Contractor from compliance with the insurance
requirements of the Contract Documents.
ARTICLE 2—EVIDENCE OF INSURANCE
2.01 ACCEPTABLE EVIDENCE OF INSURANCE
A. Provide evidence of insurance acceptable to the Owner with the executed Contract
Documents. Provide the following as evidence of insurance:
1. Certificates of Insurance on an acceptable form;
2. Riders or endorsements to policies;and
3. Policy limits and deductibles.
B. Provide a list of"Additional Insureds"for each policy.
C. Provide evidence that waivers of subrogation are provided on all applicable policies.
D. Provide evidence of requirements for 30 days'notice before cancellation or any material
change in the policy's terms and conditions,limits of coverage,or change in deductible
• amount.
2.02 CERTIFICATES OF INSURANCE
A. Submit Certificates of Insurance meeting the following requirements:
1. Form has been filed with and approved by the Texas Department of Insurance under
Texas Insurance Code§1811.101;or
2. Form is a standard form deemed approved by the Department under Texas Insurance
Code§1811.101.
3. No requirements of this Contract may be interpreted as requiring the issuance of a
certificate of insurance on a certificate of insurance form that has not first been filed
with and approved by the Texas Department of Insurance.
B. Include the name of the Project in the description of operations box on the certificate of
insurance.
2.03 INSURANCE POLICIES
A. If requested by the Owner,provide a copy of insurance policies,declaration pages and
endorsements,and documentation of applicable self-insured retentions and deductibles.
B. Contractor may block out(redact)any proprietary information or confidential premium
pricing information contained in any policy or endorsement furnished under this Contract.
2.04 CONTINUING EVIDENCE OF COVERAGE
A. Provide updated,revised,or new evidence of insurance in accordance this Section prior to
the expiration of existing policies.
B. Provide evidence of continuation of insurance coverage at final payment and for the
following 3 years.
2.05 NOTICES REGARDING INSURANCE
A. Notices regarding insurance are to be sent to the Owner at the following address:
City of Corpus Christi—Engineering
Attn:Construction Contract Admin.
P.O.Box 9277
Corpus Christi,TX 78469-9277
B. Submit questions regarding insurance requirements to the Construction Contract
Administrator by calling 361-826-3530.
ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE
3.01 WORKERS'COMPENSATION INSURANCE COVERAGE
A. Definitions:
1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate
of authority to self-insure issued by the commission,or a coverage agreement(TWCC-
81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation
insurance coverage for the person's or entity's employees providing services on a
project,for the duration of the Project.
2. Duration of the Project-includes the time from the beginning of the Work on the
Project until the Contractor's/person's Work on the Project has been completed and
accepted by the governmental entity.
3. Persons providing services on the Project("Subcontractor"in§406.096)-includes all
persons or entities performing all or part of the services the Contractor has
undertaken to perform on the Project,regardless of whether that person contracted
directly with the Contractor and regardless of whether that person has employees.
This includes,without limitation,independent contractors,subcontractors,leasing
companies,motor carriers,owner-operators,employees of any such entity,or
employees of any entity which furnishes persons to provide services on the Project.
"Services"include,without limitation,providing,hauling,or delivering equipment or
materials,or providing labor,transportation,or other service related to a project.
"Services"does not include activities unrelated to the Project,such as food/beverage
vendors,office supply deliveries,and delivery of portable toilets.
B. The Contractor shall provide coverage,based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements,which meets the statutory
requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor
providing services on the Project,for the duration of the Project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the Contract.
D. If the coverage period shown on the Contractor's current certificate of coverage ends
during the duration of the Project,the Contractor must,prior to the end of the coverage
period,file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project,and provide
to the governmental entity:
1. A certificate of coverage, prior to that person beginning Work on the Project,so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the Project;and
2. No later than seven days after receipt by the Contractor,a new certificate of coverage
showing extension of coverage,if the coverage period shown on the current certificate
of coverage ends during the duration of the Project.
F. The Contractor shall retain all required certificates of coverage for the duration of the
Project and for one year thereafter.
G. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery,within 10 days after the Contractor knew or should have known,of any change
that materially affects the provision of coverage of any person providing services on the
Project.
H. The Contractor shall post on each Project Site a notice,in the text,form and manner
prescribed by the Texas Workers'Compensation Commission, informing all persons
providing services on the Project that they are required to be covered,and stating how a
person may verify coverage and report lack of coverage.
I. The Contractor shall contractually require each person with whom it contracts to provide
services on a project,to:
1. Provide coverage,based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements,which meets the statutory
requirements of Texas Labor Code,Section 401.011(44)for all of its employees
providing services on the Project,for the duration of the Project;
2. Provide to the Contractor,prior to that person beginning Work on the Project,a
certificate of coverage showing that coverage is being provided for all employees of
the person providing services on the Project,for the duration of the Project;
3. Provide the Contractor,prior to the end of the coverage period,a new certificate of
coverage showing extension of coverage,if the coverage period shown on the current
certificate of coverage ends during the duration of the Project;
4. Obtain from each other person with whom it contracts,and provide to the Contractor:
a. A certificate of coverage,prior to the other person beginning Work on the
Project;and
b. A new certificate of coverage showing extension of coverage,prior to the end of
the coverage period,if the coverage period shown on the current certificate of
coverage ends during the duration of the Project;
5. Retain all required certificates of coverage on file for the duration of the Project and
for one year thereafter;
6. Notify the governmental entity in writing by certified mail or personal delivery,within
10 days after the person knew or should have known,of any change that materially
affects the provision of coverage of any person providing services on the Project;and
7. Contractually require each person with whom it contracts,to perform as required by
paragraphs(1)-(7),with the certificates of coverage to be provided to the person for
whom they are providing services.
J. By signing this Contract or providing or causing to be provided a certificate of coverage,the
Contractor is representing to the governmental entity that all employees of the Contractor
who will provide services on the Project will be covered by workers'compensation
coverage for the duration of the Project,that the coverage will be based on proper
reporting of classification codes and payroll amounts,and that all coverage agreements will
be filed with the appropriate insurance carrier or,in the case of a self-insured,with the
commission's Division of Self-Insurance Regulation. Providing false or misleading
information may subject the Contractor to administrative penalties,criminal penalties,civil
penalties,or other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach of contract by
the Contractor which entitles the governmental entity to declare the Contract void if the
Contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
END OF INSURANCE SECTION
BONDS
Payment and Performance bonds are required for this project and must be maintained at the current
value of the Agreement including any change orders. Bonds must remain in effect for the duration of this
Agreement.
END OF BOND SECTION
Attachment D -Warranty
Warranty-A one year warranty will be provided on all parts and labor for work
performed under this Agreement. The effective date of the warranty will begin
when the project is accepted by the City as final completion.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business.
2016-112867
Total Protection Systems, Inc.
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/16/2016
being filed.
City of Corpus Christi&City of Corpus Christi Police Department Date ckno ledged:
IV I "l' to UUU
3 Provide the identification number used by the governmental entity or state agency to track or identify the c fract,and provide a
description of the services,goods,or other property to be provided under the contract.
898
Parking Lot Gate Project
q Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Donnell, Linda Corpus Christi,TX United States X
5 Check only if there is NO Interested Party. a
6 AFFIDAVIT_
I swear,or affirm,under penalty of perjury,that the abov o isu •is true and correct.
R` CANDY LYNN MARROU • _
My Commission Expires
t,4 December 22,2018
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE ���,�"'
Sworn to and subscribed before me,by the said j nrQt . )6 nil I 1 ,this the day of Cg" �I�1 C:(
20 _,to certify which,witness my hand and seal of office.
Signteal- fficer administering oath Printed nacie of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.bcus Version V1.0.277