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HomeMy WebLinkAboutResolution - 2013-R0331 - Contract - South Plains Communications - Data Radio Systems - 10/10/2013Resolution No. 2013-RO331 October 10, 2013 Item No. 5.15 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 for and on behalf of the City of Lubbock, Contract No. 11455 for data radio systems, by and between the City of Lubbock and South Plains Communications, 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 October 10, 201 ERTSON, MAYOR ATTEST: 1 Rebe ca Garza, City Secre APPROVED AS T CONTENT: A, eith mrt, P.E., Director of Public Works APPROVED AS TO FORM: 0�k4t-� Chad Weaver, Assistant City Attorney vw:ccdocs.'RES.Contract-South Plains Communications September 18, 2013 Resolution No. 2013—RO331 City of Lubbock, TX Data Radio Systems Service Agreement Contract 11455 This Service Agreement (this "Agreement") is entered into as of the 10th day of October 2013, ("Effective Date") by and between South Plains Communication, (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 13 -11455 -TL, Data Radio Systems. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Data Radio Systems, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Proposal and Price Sheet 4. Exhibit C — Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B, and C attached hereto. Article 1 Services 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in Exhibit B, to Contractor for performing services. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. 1.3 Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX: 0 Glen C o ertson, Mayor A T: Re ca Garza, City Secreta 4ROVED A$4 CONTENT: 11 �/t th, P.E.,—Director of Public W AP ED TO FORM: Chad Weaver, Assistant City Attorney CONTRACTOR: Contractor' i ure Printed Name ®h�s..o/w-� Title Exhibit A City of Lubbock, TX Purchasing & Contract Management RFP 13 -11455 -TL Data Radio Systems General Requirements 1 Intent 1.1 The City of Lubbock (hereinafter called "City") is issuing this Request for Proposals (this "RFP") under the guidelines of a High -Technology RFP. This means that failure to successfully meet all functional requirements may not necessarily disqualify the contractor. Contractors should take exception to functional specifications that they cannot meet and may offer alternative solutions and/or additional features in their proposals. The City of Lubbock is seeking proposals from interested firms and individuals to provide a Data Radio System. a) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing this equipment. b) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 1.2 The City of Lubbock is seeking to secure the services of a qualified firm to purchase and install data radios, antennas, cabling, and all equipment necessary for data communication between the North Water Treatment Plant and remote field units. The firm awarded this contract shall be a licensed distributor for data radios as manufactured by General Electric Microwave Data Systems (GEMDS). 2 Standard Specifications 2.1 All equipment shall be installed at two separate towers owned and operated by the City of Lubbock Radio Shop. Access for site installation shall be controlled by the Radio Shop. Installation techniques and equipment used shall be reviewed by the Radio Shop staff prior to installation of equipment. Final installation shall be inspected and reviewed by Radio Shop staff. Any deficiencies noted by Radio Shop staff shall be immediately corrected to their satisfaction. The firm awarded this contract shall have full capability and expertise to fully engineer and install data radio and equipment. 2.2 The City of Lubbock Water Utilities is the owner and end user of all radio systems installed for this project. There are currently five separate GEMDS master data radio systems in use and located at the North Water Treatment Plant. All antennas and cabling are located on top of the overhead water storage tank at this facility. The City intends to dismantle and remove this tank in a future project. The purpose of this project is to re- purchase the existing equipment, with all new equipment completely installed and fully tested prior to decommissioning the existing systems. The intent of this project is to significantly minimize loss of signal communication with the existing field radios during the transition to the new systems. 3 Scope of Work 3.1 Under the provisions of this contract, the contractor shall provide all labor, equipment, tools, vehicles, and industry standard safety gear to perform installation work at each facility listed below. All master radios shall be the exact product listed. No substitutions will be considered. 3.2 The contractor will perform the installation work at the following sites: a. The "Sunrise" tower located at: 2950 E. 23`d Street -600' high b. The "Sunset" tower located at: 7722 — 29`x' Street - 585' high 3.3 The equipment to be installed, setup, and programmed at the Sunrise tower includes the following systems: a. One GEMDS SD -9 Master station with redundant transceiver, including all necessary power supplies and backup battery. b. 900 MHz antenna to be mounted approximately at the 200' above ground level, including standoff antenna bracket c. 7/8" Heliax cable with copper inner and outer material, including all coax cable clamps d. Lightning protection and grounding to the existing ground system e. Hoisting grips f. Three Coax grounding straps g. Two %" coax jumpers h. One GEMDS Model 9810 Master radio station with redundant transceiver including all necessary power supplies and backup battery. i. 900 MHz antenna to be mounted approximately at the 230' above ground level, including standoff antenna bracket j. 7/8" Heliax cable with copper inner and outer material, including all coax cable clamps k. Lightning protection and grounding to the existing ground system 1. Hoisting grips m. Three Coax grounding straps n. Two ``/z" coax jumpers 3.4 The equipment to be installed, setup, and programmed at the Sunset tower includes the following systems: a. Two GEMDS Dual Intrepid 4.9 MHz radios; one to be mounted at Sunset tower and the other to mounted at the top of the radio tower located at the Shallowater tower 3 Miles West of Shallowater on US Hwy 84 — 162' High b. Two 4.9 MHz 27 dbi dual dish antenna; one to be mounted at Sunset tower and the other to mounted at the top of the radio tower located at the Shallowater tower 3 Miles West of Shallowater on US Hwy 84 —162' c. Mounting bracket d. Radio to antenna jumpers e. Power over Ethernet supplies f. UTP cables to radios g. Lightning protection and grounding h. System must be setup, programmed, and aligned for maximum signal and best data throughput. i. One GEMDS SD -9 Master station with redundant transceiver, including all necessary power supplies and backup battery. j. 900 MHz antenna to be mounted approximately at the 200' above ground level, including standoff antenna bracket k. 7/8" Heliax cable with copper inner and outer material, including all coax cable clamps 1. Lightning protection and grounding to the existing ground system m. Hoisting grips n. Three Coax grounding straps o. Two `/2" coax jumpers p. One GEMDS Model 9810 Master radio station with redundant transceiver including all necessary power supplies and backup battery. q. 900 MHz antenna to be mounted approximately at the 230' above ground level, including standoff antenna bracket r. 7/8" Heliax cable with copper inner and outer material, including all coax cable clamps s. Lightning protection and grounding to the existing ground system t. Hoisting grips u. Three Coax grounding straps v. Two '/Z" coax jumpers 3.5 The contractor shall perform a full visual inspection of each tower or structure prior to performing any work on the structure to insure a safe ascent. Industry safety standards must be followed by all parties. 3.6 All work shall be performed during normal business hours, Monday through Friday between 8:00 AN and 5:00 P.M. 4 Testing 4.1 Each of the five systems described above may require path study analysis prior to installation of the radio master stations and antennas. If this analysis is required, City staff will provide data regarding location of all remote sites that communicate data to each respective master station. The contractor will perform the path analysis, if necessary. 4.2 Upon completion of the installations, each system shall be fully tested to ensure established communication with the City's network and SCADA system. 5 Safety 5.1 The contractor shall be responsible for maintaining a safe worksite. All workers on each crew shall adhere to safety practices using industry standards and OSHA requirements, as minimum. Crew foremen may make additions or improvements to minimum safety standards if, in his opinion, the worksite will be safer by doing so. Safe work practice shall be enforced by the vendor's company representative. Workers that do not follow safe work practices shall be excused from the job and asked to vacate the premises. 5.2 City staff that approaches the job site shall adhere to the same standards as the crew performing the work. The crew foreman shall have the authority to request all persons on the job site to adhere to these standards or vacate the job site. 5.3 The contractor shall ensure that all workers on the job site are free of substance abuse. If the contractor has strong suspicion that any of their employees are under the influence of drugs or alcohol, it shall be the responsibility of the foreman to excuse the worker from further duty and dealt with according to the contractor's disciplinary procedures. If a City representative suspects use of drugs or alcohol by the Contractor or their employees, the City representative shall bring the matter to the attention of the firm's owner immediately. All contractors shall include information as to their respective company's substance abuse policy and / or random substance testing for their employees when proposals are submitted to the Purchasing Department. 6 Job Cleanup 6.1 Upon completion of all work at each work site, the contractor shall remove all debris and rubbish. No trash or discarded materials of any type shall be buried or left anywhere on the property. 6.2 All empty containers shall be properly disposed of according to manufacturer recommendations. 7 Workmen Qualifications 7.1 Persons well versed and talented in the art of tower maintenance and inspection shall perform all installation work. Contractor shall have a minimum of ten continuous years of experience with radio communication tower erection and removal, repair, painting, installation of antennas and transmission lines, and tower electrical lighting systems. 7.2 All tower personnel shall be certified tower climbers and to present copies of certification. 7.3 Contractor's insurance shall provide proof of coverage to heights needed to climb the towers described in proposal. 7.4 All foremen and workmen shall maintain a positive and respectful relationship with City's representative. 7.5 All services performed shall comply with applicable codes, local and state policies, guidelines, and specifications. Contractors shall secure any required licenses or permits, as required by law. 7.6 Contractor shall maintain control and be responsible for their own tools, equipment, and vehicles. Theft or loss shall not be the responsibility of the City of Lubbock. 8 Site Access 8.1 Access to City facilities are controlled by City Radio Shop employees. Where applicable, contractors shall sign in before beginning work and sign out each work day. All workers on all crews shall be listed on the sign -in sheets. 8.2 Site access shall be gained through coordination with the City representative. The City representative shall provide access for the contractor by unlocking all necessary locks to allow the contractor sufficient access to perform requested work. The City representative shall ensure that all facilities are locked and secured at the end of each work day. 8.3 Contractor shall notify the Water Utilities Control Room operators anytime they arrive or exit City facilities. Phone numbers for the Control Room and City representative will be provided to the successful proposer after contracts have been issued and signed by all parties. 9 Payment 9.1 Upon completion of each work assignment, the contractor shall provide full disclosure statements of work completed and total invoicing. Invoices shall accurately describe the correct location, materials expense, labor expense, and mileage expenses separately by line item and include a grand total for all work performed. Workmen names and titles shall also be listed on the invoice. Within 30 days of invoice date, the City shall pay the invoice in full, barring any discrepancies. Any questions or discrepancies must be addressed immediately and resolved promptly between the contractor and the City's representative. 10 Evaluation Criteria 10.1 The following criteria will be used to evaluate and rank submittals: a) Qualifications and Experience. (50%) b) Cost (20%) C) Warranty of GEMDS (20%) d) References (10%) 11 Proposal Format a) Cover letter addressed to the Honorable Mayor and City Council that states the Offeror's understanding of the services to be provided. Include any additional information believed necessary that is not requested elsewhere in the RFP. b) Proposals should provide a straightforward, concise description of the Offeror's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. If the proposal includes any comment over and above the specific information requested in the RFP, it is to be included as a separate appendix to the proposal. c) The proposal must be organized into the following response item sections and submitted in an indexed binder. Proposals shall not exceed a total of 70 pages excluding summary and resumes. d) The proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume. TAB A Qualifications and Experience 1. Briefly introduce your Company, providing a summary of the administration, organization and staffing of your Company, including multiple offices, if applicable. Provide an organizational chart indicating the positions and names of the core management team which will undertake this project. 2. Identify the project manager and each individual who will work as part of this project. Include resumes for each person to be assigned. Include any professional designations and affiliations, certifications and licenses, etc. 3. Describe the experience of the Company in the last thirty six (36) months in performing services in similar size and scope. TAB B Cost and Expenses 1. Provide a detailed price proposal in Exhibit B. Express total price in a lump sum not -to -exceed maximum amount and separate price for travel and related expenses (if applicable). 2. Company shall incur no travel or related expenses chargeable to the City without prior approval by an authorized City representative. TAB C Warranty of GEMDS 1. Proposals must include a narrative description of the warranty service to be provided to the City. TAB D References 1. Provide references for similarly successful projects, including the name of the agency, contact name, telephone, fax and email address. TAB E Additional Information Contractor's proposal shall include the following: a) Describe the included delivery, installation b) Describe the warranty for this product c) Describe the maintenance program for this product d) Where is the nearest technician located? Provide contact information e) How will service calls be handled? f) Describe how the company will respond to service or repair orders for proposed equipment. The availability of replacement parts and if replacement parts will sold at a discount. g) Any material which the Proposer wishes to submit and which is not specifically requested in the above categories. Offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline how they would address outreach issues in their proposal. It is also the desire of the City that the City of Lubbock program serve, as much as practicable, to stimulate growth in all sectors of the local business community. Describe how your Company would facilitate this process, and provide any relevant information about similar efforts on previous projects. City of Lubbock, TX Purchasing & Contract Management RFP 13 -11455 -TL Data Radio Systems PROPOSAL PRICE SHEET Proposer Name: Sew ►k Pl&; rs 1. Data Radio System As Specified: Lump Sum Cost 2. Annual Maintenance Agreement Service Call Per Hour (Anytime) Warranty Cost Prepared by: Title: Prue s •,�,,.,f- Date: 9- 7- i-7 Exhibit B 70,040 -o— COMMUNICATIONS PROPOSAL FOR: Date: 9/9/2013 City of Lubbock Water Utilities P.O. Box 2000 Lubbock, Texas 79457 Phone: 806-775-3410 Fax: 806-775-3632 Total Project RFP 13 -11455 -TL Created by: Jay P Jenkins 5811 W. 34th St Lubbock, TX 79407 (806) 795-5823 ITEM QTY. MODEL AND DESCRIPTION UNIT PRICE EXTENDED PRICE 1 1 GE MDS Dual Intripid 4.9 System 27,916.00 27,916.00 2 1 GE MDS 9810 Master Station at Sunset Tower 11,324.00 11,324.00 3 1 GE MDS SD9 Master Station at Sunset Tower 10,275.00 10,275.00 4 1 GE MDS 9810 Master Station at Sunrise Tower 11,324.00 11,324.00 5 1 GE MDS SD9 Master Station at Sunrise Tower 10,275.00 10,275.00 Equipment Total 71,114.00 Installation cost: Total 0 Tax Exempt Sales Tax Grand Total 71,114.00 71,114.00 Proposal is valid until 11/8/2013 Jay Jenkins 09/09/13 Created by: --•�� Jay P Jenkins ACOMM 5811 W. 34th St Lubbock, TX 79407 U N I C A T I O N S (806) 795-5823 PROPOSAL FOR: Date: 9/9/2013 City of Lubbock Water Utilities P.O. Box 2000 Lubbock, Texas 79457 Phone: 806-775-3410 Fax: 806-775-3632 Intrepid 4.9 system ITEM QTY. MODEL AND DESCRIPTION UNIT PRICE EXTENDED PRICE 1 2 Dual Intrepid 4.9 radios 4.9 27 dbi dual dish antenna Mounting bracket Radio to antenna jumpers Power over Ethernet supplies UTP cables to radios Lightning protection and grounding One set of radios mounted on the Shallowater tower and the other mounted on the West tower System setup, programmed, and aliment for maximum signal and best data through put. 26,916.00 Equipment Total 26,916.00 Installation cost: Tower Labor to install of radios antennas and lines 1,000.00 Total 0 Tax Exempt Sales Tax Grand Total 27,916.00 27,916.00 Proposal is valid until 11/8/2013 Jay Jenkins 09/08/13 -A— COMMUNICATIONS PROPOSAL FOR: Date: 9/9/2013 City of Lubbock Water Utilities P.O. Box 2000 Lubbock, Texas 79457 Phone: 806-775-3410 Fax: 806-775-3632 West Tower 9810 MDS Master Radio System Created by: Jay P Jenkins 5811 W. 34th St Lubbock, TX 79407 (806) 795-5823 ITEM QTY. MODEL AND DESCRIPTION UNIT PRICE EXTENDED PRICE 1 1 MDS 9810 Master station with Redundant transceiver and power supplies with backup battery 2 2 1/2 coax jumpers 3 1 Lightning protection and grounding to existing ground system 4 1 230'7/8 Heilax cable 5 50 7/8 snap in coax clamps 6 3 Coax grounding straps 7 1 Hoisting grip 8 1 Stand off antenna bracket 9 1 900 MHz antenna 10 1 Installation, setup and programming of equipment 10,824.00 Sweep antenna and line Test system performance L I Equipment Total 10,824.00 Installation cost: Tower Labor to install of antenna and line 500.00 Total Fx Tax Exempt Sales Tax Grand Total 11,324.00 11,324.00 Proposal is valid until 11/8/2013 Jay Jenkins 09/08/13 Created by: -�•� Jay P Jenkins 5811 W. 34th St Lubbock, TX 79407 ACOMM U N I C A T I O N S (806) 795-5823 PROPOSAL FOR: Date: 9/9/2013 City of Lubbock Water Utilities P.O. Box 2000 Lubbock, Texas 79457 Phone: 806-775-3410 Fax: 806-775-3632 West Tower SD9 MDS Master Radio System ITEM QTY. MODEL AND DESCRIPTION UNIT PRICE EXTENDED PRICE 1 1 MDS SD9 Master station with Redundant transceiver and power supplies with backup battery 2 2 1/2 coax jumpers 3 1 Lightning protection and grounding to existing ground system 4 1 200'7/8 Heilax cable 5 50 7/8 snap in coax clamps 6 3 Coax grounding straps 7 1 Hoisting grip 8 1 Stand off antenna bracket 9 1 900 MHz antenna 10 1 Installation, setup and programming of equipment 9,775.00 Sweep antenna and line Test system performance Equipment Total 9,775.00 Installation cost: Tower Labor to install of antenna and line 500.00 Total ❑X Tax Exempt Sales Tax Grand Total 10,275.00 10,275.00 Proposal is valid until 11/8/2013 Jay Jenkins 09/08/13 Sb COMMUNICATIONS PROPOSAL FOR: Date: 9/9/2013 City of Lubbock Water Utilities P.O. Box 2000 Lubbock, Texas 79457 Phone: 806-775-3410 Fax: 806-775-3632 East Tower 9810 MDS Master Radio Sygem Created by: Jay P Jenkins 5811 W. 34th St Lubbock, TX 79407 (806) 795-5823 ITEM QTY. MODEL AND DESCRIPTION UNIT PRICE EXTENDED PRICE 1 1 MDS 9810 Master station with Redundant transceiver and power supplies with backup battery 2 2 1/2 coax jumpers 3 1 Lightning protection and grounding to existing ground system 4 1 230'7/8 Heilax cable 5 50 7/8 snap in coax clamps 6 3 Coax grounding straps 7 1 Hoisting grip 8 1 Stand off antenna bracket 9 1 900 MHz antenna 10 1 Installation, setup and programming of equipment 10,824.00 Sweep antenna and line Test system performance Equipment Total 10,824.00 Installation cost: Tower Labor to install of antenna and line 500.00 Total ❑x Tax Exempt Sales Tax Grand Total 11,324.00 11,324.00 Proposal is valid until 11/8/2013 Jay Jenkins 09/08/13 Created by: f•—� Jay P Jenkins z 5811 W. 34th St Lubbock, TX 79407 C O M M U !1C A T 10 N S (806) 795-5823 PROPOSAL FOR: Date: 9/9/2013 City of Lubbock Water Utilities P.O. Box 2000 Lubbock, Texas 79457 Phone: 806-775-3410 Fax: 806-775-3632 East Tower SD9 MDS Master Radio System ITEM QTY. MODEL AND DESCRIPTION UNIT PRICE EXTENDED PRICE 1 1 MDS SD9 Master station with Redundant transceiver and power supplies with backup battery 2 2 1/2 coax jumpers 3 1 Lightning protection and grounding to existing ground system 4 1 200'7/8 Heilax cable 5 50 7/8 snap in coax clamps 6 3 Coax grounding straps 7 1 Hoisting grip 8 1 Stand off antenna bracket 9 1 900 MHz antenna 10 1 Installation, setup and programming of equipment 9,775.00 Sweep antenna and line Test system performance Equipment Total 9,775.00 Installation cost: Tower Labor to install of antenna and line 500.00 Total 0 Tax Exempt Sales Tax Grand Total 10,275.00 10,275.00 Proposal is valid until 11/8/2013 Jay Jenkins 09/08/13 Exhibit C INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor 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 Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the 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 by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Type Worker's Compensation or Employers Liability Commercial General Liability per Occurrence Endorsements - General Aggregate - Products/Op AGG - Personal & Adv. Injury - Contractual Liability Automobile Liability Any Auto Amount Statutory Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or its equivalent. Combined single limit for bodily injury and of $1,000,000 per occurrence or its equivalent The City of Lubbock shall be named as primary additional insured on auto/general liability with a waiver of subrogation in favor of the City on all coverage's and include products of completed operations endorsement. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. Copies of all endorsements are required. 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 insured, (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 proposal 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, Director of Purchasing & Contract Management City of Lubbock 1625 13`x' Street, Room 204 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.