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HomeMy WebLinkAboutC2020-067 - 2/11/2020 - Approved SERVICE AGREEMENT NO. 2526 v HVAC System Maintenance and Repairs for CCIA ��ORPORP EO 1852_.----2 THIS HVAC System Maintenance and Repairs for CCIA Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Pro Tech Mechanical, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide HVAC System Maintenance and Repairs for CCIA in response to Request for Bid/Proposal No. 2526 ("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 HVAC System Maintenance and Repairs for CCIA ("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 three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $156,750.00, 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. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form-Federal Funding Page 1 of 8 SCANNED City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Gabirel Anton Aviation Department 361-289-0171 GabrielA@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 Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form-Federal Funding Page 2 of 8 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. (A) 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. (B) 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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. Service Agreement Standard Form-Federal Funding Page 3 of 8 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 and Changes. 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. Any changes that alter the method, price, or schedule of work must be allowable, allocable,within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 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: Gabriel Anton Facilities Manager 1000 Internation Dr., Corpus Christi, TX 78406 Phone: 361-289-0171 Fax: 361-826-4404 IF TO CONTRACTOR: Pro Tech Mechanical, Inc. Attn: Dan Whiteside President 1622 Saratoga, Corpus Christi, TX 78417 Phone: 361-882-2101 Fax: 361-882-2154 Service Agreement Standard Form-Federal Funding Page 4 of 8 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING 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) Termination for Cause. The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms 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. (B) Termination for Convenience. 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. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims Service Agreement Standard Form- Federal Funding Page 5 of 8 or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. 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. 21. 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. 22. 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 23. 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. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 25. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior Service Agreement Standard Form-Federal Funding Page 6 of 8 negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 27. Federal Funding Requirements. This project is subject to requirements provided for the Federal Emergency Management Agency (FEMA), the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA, the FAA, or their designees may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Service Agreement Standard Form-Federal Funding Page 7 of 8 CONTRACTOR �f Signature: i7 Printed Name: /74 e7 /A.14/2-9 5',,, Title: /7,0'47. eir• Date: /- d - AO CITY OF CORPUS CHRISTI :. Q- Kim Baker Director of Contracts and Procurement Date: 2 . 1 3 , Zo2c) ATTEST: k 4' 1 REB CCA HUERTA PROVED LEGAL FORM CITY SECRETARY TO -- zit-1 lzoZC ssistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements ^^ AU I NUKILL. Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 2526 !Y cam 1 Exhibit 2: Contractor's Bid/Proposal Response SEC TARv Service Agreement Standard Form-Federal Funding Page 8 of 8 Section 4 - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide all labor, materials, equipment, tools, and supervision necessary for maintenance and repair of existing HVAC systems on an as needed basis for the Corpus Christi International Airport (CCIA). 1.2 Scope of Work A. Response time for regular service shall be within 72 hours and for emergency calls within eight hours. B. The Contractor shall be available to answer calls 24 hours a day, 365 days a year. C. Repairs are to be done between 8:00am through 5:00pm, Monday through Friday. Any work done after hours must be authorized by the Contract Administrator. D. All work shall be authorized by the Contract Administrator by issuance of a work order or telephone request followed by a work order. A copy of the service report shall include date of work order number, start time and finish time, names of employees performing the work and time each person worked, a brief description of the work, name and part number used for repair or replacement, and recommendations or comments pertaining to the condition or operation of the equipment. Th service report shall be left with the Contract Administrator or designee upon completion of work. E. All repairs and adjustments to the systems will need to be approved by the Contract Administrator. F. All material and debris shall be cleaned up immediately and removed from the building. 1.3 Repair Services A. The Contractor shall respond and provide services to: 1. Mechanical breakdowns of chillers 1,2, and 3 2. Breakdown of associated chill water, condensing water, boiler system, pumps, and control or valve mechanisms. Page 1 of 5 3. Water treatment failure by providing corrective action and repairs to the water contact services. 4. Scheduled preventative maintenance and emergency repairs of the chiller cooling tower system. 5. Emergency repair /replacement of stand-alone cooling and heating systems not associated with the chiller system located on Airport property. 6. The Contractor shall perform upgrades of standalone cooling systems on airport property as requested by Contract Administrator. 7. Maintenance repairs or replacements of assemblies and parts associated with chiller system air handlers located throughout the airport terminal including motors and controller mechanisms. 1.4 Monthly Water Treatment Services A. The Contractor shall provide a full line, water systems chemist/technician on site at least twice a month. The chemist/technician shall be available to respond to any questions concerning testing and treatment reports during work hours. B. The Contractor shall provide all technical support required to control corrosion, scale algae, bacteria and slime in designated water systems. C. The Contractor shall prepare a written report of results and deliver such results to the Contract Administrator, when samples are drawn and analyzed. D. The Contractor shall adjust water treatment chemical feed and blowdown rates to maintain consistent, uniform, and desired concentrations as result of tests. E. The Contractor shall inspect chemical feeding systems and report any malfunction to the Contract Administrator, or designee. F. The Contractor shall determine the rate of bleed-off required to keep the condenser water concentrations at a safe level based on balanced chemistry to be determined by makeup and cooling tower water parameters. G. The Contractor shall maintain a stock of material for contingency used to clean heat exchangers in the system if operating problems develop due Page 2 of 5 to fouling. Contractor must complete request within eight hours after being notified by the Contract Administrator, or designee. H. The Contractor shall do a bi-weekly inspection of the cooling towers to determine deterioration and approximate severity of attack of chemicals. A report must be issued to the Contract Administrator within three calendar days to list findings of inspection and effects of chemicals, if any, on wooden parts. I. The Contractor shall do monthly physical inspection of metal parts on cooling towers. Special attention shall be given to effect of corrosion on all metal surfaces and especially on structural members. Approximate severity of attach shall be noted, and designated personnel advised in writing of required action to control or reduce the effects and eliminate the cause within seven days after inspection. J. The Contractor shall perform required cleaning of chiller tubes, due to excessive scaling, as deemed necessary by the Contract Administrator, or designee. 1.5 Chemicals A. The Contractor shall submit a Safety Data Sheet for approval on all chemicals to be used. B. The water treatment used by Contractor shall not produce wastewater (blow down, bleed-off) that fails to meet applicable discharge, OSHA, State and local requirements for discharge into station storm sewers. Any chemical used for treatment of closed systems shall not contain any chromate or mercury compounds. The chemicals used for treatment of cooling tower systems shall not contain any chromate or mercury compounds. C. The Contractor shall provide the necessary chemicals to clean the equipment and the service to safely and effectively remove the scale deposits without damaging the systems. No scale deposits will be tolerated. Enough scale inhibitor should be applied to prevent any scale build up. Chemical control limits should be designed to prevent scaling. D. Algae, bacteria, and fungi shall be controlled in all water systems by using suitable slimicides or algaecide. Chemical may be fed into water systems requiring continuous make-up by automatic feeding devices or added directly to the tower distribution pans or basin as required. Page 3 of 5 E. Closed loop product shall consist of a liquid water treatment compound designed to prevent the corrosion of both ferrous and non-ferrous metals in a closed cooling water system. This compound shall contain a polymeric additive designed to dispense silt and other particulate matter. It shall contain buffering agents, which automatically adjust pH to the preferred operating level. F. Chemicals used shall be compatible with chemicals presently in systems. G. The Contractor shall describe the chemicals by generic names, i.e., non- reverting polyphosphates, polymers, (specify type and molecular weight), phosphonates (specify) chlorites, nitrite, sulfite, methylene bisthiocyanate. Each chemical shall be described as liquid, powder, ganules, crystals, etc. H. The Contractor shall prepare chemical feed treatment and administer as required including drawing chemicals from storage, transporting to treating sites, mixing and application of solution. The Contractor shall handle all chemicals. 1.6 Cooling Tower Reports The Contractor shall provide the following reports on a bi-weekly basis: A. Hardness of each system and makeup water, expressed as CaCO ppm. B. Conductivity of systems and makeup water expressed as micrombos. C. pH (Electrometric) of system and makeup water to the nearest 10th of a unit. D. Corrosion/scale inhibitor treatment level (residual) and kinds expressed as ppm principal ingredient. 1.7 Closed Loops System Report The Contractor will provide the following reports on a monthly basis: A. Conductivity of systems, expressed as micrombos B. Nitrite treatment residuals expressed in ppm C. pH (electrometric) of system and makeup water to the nearest 10th of a unit. Page 4 of 5 D. Chemical level present to maintain adequate treatment expressed in ppm 1.8 Special Instructions A. Contract hourly rates include all travel and mileage cost. No separate travel, truck, or equipment charges will be accepted. B. If the Contractor finds upon examination of the assigned job that the work will be more extensive than originally ordered, Contractor shall provide a cost estimate and contact the Contract Administrator or designee within 24 hours for authorization to proceed with the additional work. C. Invoicing for all work shall be done monthly, invoices must indicate separate charges for labor and materials, and material charges must be itemized. The Contractor may only invoice for parts that have been furnished and installed. Parts on order shall not be billed prior to installation. Receipts are required for all parts and materials. Page 5 of 5 mus Attachment B: Bid/Pricing Schedule ° CITY OF CORPUS CHRISTI ci- , Ih t dIij CONTRACTS AND PROCUREMENT r DEPARTMENT �McoapoaP10 BID FORM 1852 RFB No. 2526 HVAC System Maintenance and Repairs for CCIA PAGE 1 OF 1 Date: 11/27/2019 Authorized 9 / - Bidder: Pro Tech Mechanical,Inc. Signature: "de 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price Technician Standard Hours M-F 1 480 HR $75.00 $36,000 8:OOam-5:OOpm 2 Technician After Hours M-F 5:01 pm 108 HR $75.00 $8,100 to 7:59am 3 Technician Weekends and 54 HR $75.00 $4,050 Holidays Professional Water Treatment 4 Services & Analysis for Sterilizer 36 Mo $1,100.00 $39,600 Boiler/HVAC Plant (Condenser, Chiller, HWH Systems) (Water Consultants of Texas) Item Description Estimated % Markup Qty + Spend Markup 5 Parts/Material $60,000 15% $69,000 Total $156.750.00 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) 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 is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability $1,000,000 Per Occurrence Including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 3 3. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 2. 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. 3. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article 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 4. 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation 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 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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. 6. 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. 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 agreement. 8. 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 agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-I Contracts for General Services -Services Performed Onsite - Installation Floater 05/31/2019 Risk Management- Legal Dept. No bond is required for this service agreement; therefore, Section 5, Insurance; Bonds, subsection 5 (B) is null and void. Page 3 of 3 Attachment D: Warranty Requirements No warranty is required for this service agreement; therefore Section 8, Warranty, subsection 8 (A) and 8 (B) are null and void. Page 1 of 1 ATTACHMENT E: FEDERAL REQUIREMENTS E.1 GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes,Executive Orders and such rules as are promulgated to ensure that no person shall,on the grounds of race,creed,color,national origin,sex, age,or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. E.2 Compliance with Nondiscrimination Requirements: During the performance of this contract,the Contractor,for itself,its assignees,and successors in interest(hereinafter referred to as the"Contractor"),agrees as follows: 1. Compliance with Regulations: The Contractor(hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities,as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities,including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts,including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race,color,or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts,the Regulations,and directives issued pursuant thereto and will permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the Contractor will so certify to the sponsor or the Federal Aviation Administration,as appropriate,and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract,the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate,including,but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies;and/or b. Cancelling,terminating,or suspending a contract,in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations,and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the Contractor becomes involved in,or is threatened with litigation by a subcontractor,or supplier because of such direction,the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract,the Contractor,for itself,its assignees,and successors in interest(hereinafter referred to as the"Contractor")agrees to comply with the following non- discrimination statutes and authorities;including but not limited to: Title VI of the Civil Rights Act of 1964(42 USC §2000d et seq.,78 stat.252)(prohibits discrimination on the basis of race,color,national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 USC § 4601)(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC §794 et seq.),as amended(prohibits discrimination on the basis of disability);and 49 CFR part 27; The Age Discrimination Act of 1975,as amended(42 USC § 6101 et seq.)(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982(49 USC §471, Section 47123),as amended(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987(PL 100-209)(broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,sub- recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation,and certain testing entities(42 USC §§ 12131 –12189)as implemented by U.S.Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration's Nondiscrimination statute(49 USC § 47123)(prohibits discrimination on the basis of race,color,national origin,and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg.at 74087 to 74100); Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities(20 USC 1681 et seq).