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HomeMy WebLinkAboutC2020-205 - 6/9/2020 - ApprovedService Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 SERVICE AGREEMENT NO. 2263 Fire Sprinkler Inspection, Testing and Maintenance Services THIS Fire Sprinkler Inspection, Testing and Maintenance Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Ranger Fire, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Fire Sprinkler Inspection, Testing and Maintenance Services in response to Request for Bid/Proposal No. 2263 (“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 Fire Sprinkler Inspection, Testing and Maintenance Services (“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 $180,750.00, 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: DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 11, 2019 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: Name: Adrian Lopez Department: Asset Management Phone: (361) 826-3318 Email: AdrianL@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 that 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. DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form November 11, 2019 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products 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. DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form November 11, 2019 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Adrian Lopez Title: Operations Division Superintendent Address: 5352 Ayers, Bldg. 3A, Corpus Christi, Texas 78415 Phone: (361) 826-3318 Fax:(361) 826-1989 IF TO CONTRACTOR: Ranger Fire, Inc. Attn: Donald Vickery Title: Project Manager Address: 360 South Blue Mound Road, Saginaw, Texas 76131 Phone: (817)847-7757 Fax: N/A DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 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) 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) 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form November 11, 2019 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 if required by said statute. 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 negotiations, arrangements, agreements and understandings, either oral or written, between the parties. DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form November 11, 2019 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement 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 Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 2263 Exhibit 2: Contractor’s Bid/Proposal Response Daniel Shipman President 4/29/20 DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 06-09-2020 ___________________Authorized By Council ________________________ M2020-099 6/10/2020 ATTEST: _____________________________ Rebecca Huerta City Secretary Revised 4.4.19 Attachment A - Scope of Work 1.1 General Requirement A. The Contractor shall provide Fire sprinkler inspection, testing and maintenance service on an annual basis at the locations listed in the Scope of work. The Contractor shall properly inspect and test at the required times the property systems to keep the equipment operable. B. The Contractor shall provide services including but not limited to control valves, check valves, backflow preventer, pressure regulating valves, system riser check valves, dry pipe valves, sprinkler head, piping, electrical connections, and sprinkler fire pump C. The Contractor shall perform inspection, testing and maintenance at the locations listed on the list below. The Contractor shall perform services to all the Fire sprinkler system components as per the National Fire Protection Association (NFPA), federal and state laws, rules and regulation. D. The Contractor shall maintain all equipment in accordance with each equipment manufacturers recommendations and industry standards. E. The Contractor shall provide all labor, supervision, equipment, parts, and transportation necessary to perform the services. 1.2 Fire Sprinkler System List Location Type of System Inspection, Testing and Maintenance Checklist Health Department Wet type sprinkler – No pump assist (fed from City water pressure) Standpipe and Sprinkler City Hall Wet type for General Building fire suppression Halon 1301 in Basement IT area Fire Pump and Controller, Standpipe, General Sprinkler, halon inspection and Halon Hydrostatic test CCPD (Delta) Wet Type for General Building fire suppression, Halon 1301 in Radio room, phone room and Metro Com area Fire Pump and Controller, Standpipe, General Sprinkler, halon inspection and Halon Hydrostatic test Municipal Courts Wet Type for General Building fire suppression, Halon 1301 in Radio room, phone room and Metro Com area Fire Pump and Controller, Standpipe, General Sprinkler, halon inspection and Halon Hydrostatic test Frost Bank Wet type for General fire suppression. ANSUL in Kitchen Fire Pump and Controller, General Sprinkler, Standpipe, ANSUL DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 Revised 4.4.19 La Retama Central Library Wet type for General building fire suppression Fire Pump and Controller, Standpipe, General Sprinkler Garcia Public Library Wet type system fed from Kaffie Middle School Inspection shall be performed in conjunction with main building inspections Science and History Museum Wet type system for General building fire suppression Fire Pump, Controller, Standpipe and General Sprinkler Central Kitchen ANSUL protection in Kitchen area ANSUL ON Stevens Wet Type for general fire suppression Fire Pump and Controller, Standpipe (where applicable), General Sprinkler Broadway WWTP Wet Type for General building fire suppression Fire Pump and Controller, Standpipe (where applicable), General sprinkler 1.3 Repair A. The Contractor shall provide labor, technician, parts, supplies, materials, tools, equipment and transportation necessary to perform the repair services for the fire sprinkler system listed in the Scope of work. B. The Contract Administrator will place a service call via phone/email to the Contractor to initiate the repair. The copy of the work order will be provided after the phone/email request. The Contractor shall request the work order copy from the Contract Administrator, if City fails to provide it. C. The Contractor shall provide emergency repair services as needed. Emergency service is defined as an event which requires immediate action to prevent a hazard to life, health, safety, property or to avoid failure of equipment. When an emergency arises, the Contract administrator will notify Contractor about the emergency repair via phone or email. The Contractor shall be on site within time frame agreed upon by the Contract Administrator. A work order will be issued as soon as possible documenting the emergency request. D. The Contractor shall respond to an emergency call within two hours unless otherwise agreed upon. E. Replacement of parts shall only be performed when current parts cannot be repaired, not economical to repair the parts, or approved by the Contract Administrator. F. The Contractor shall use parts specified by the manufacturer or approved equivalent. All parts shall be new and not refurbished. DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 Revised 4.4.19 G. During the term of the contract, if the Contract Administrator deems an estimate to be unreasonable, then the Contract Administrator reserves the right to request quotes from other Contractors for such services. 1.4 Service Personnel A. Any personnel assigned to this contract shall meet all applicable certification requirements of any regulatory agency having jurisdiction. The Contractor shall ensure that all personnel are continuously trained to meet the latest industry standards. B. The Contractor shall ensure that all crews are fully and properly equipped to perform the services promptly and safely without delay. All personnel assigned to the service agreement shall wear a uniform, including safety equipment and any company issued photo identification. The Contractor employees working on site shall wear clothing with an identifiable logo bearing the name of the company visible from 15 feet. All personal shall be neatly dressed in shirt, safety shoes and long pants. Shorts or torn clothing are unacceptable. C. The Contractor shall conduct background checks for all personnel before they are assigned to work under this contract. The Contract Administrator may ask for a background check report from the Contractor. The City reserves the right to approve or refuse employees because of an unsatisfactory background check. Background checks will be done at the sole expense of the Contractor. 1.5 Site Control A. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall safeguard the area while services are being performed. The Contractor shall try to minimize an interference to the building occupants with the day to day operations. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this agreement. B. The Contractor will be responsible for any personal and/or property damage incurred during the performance of work under this contract. C. The Contractor shall not store worn or defective parts on City premises at the end of the workday, unless otherwise approved by the Contract Administrator. D. The Contractor must clean the work site from debris or hazards after completion of work. E. The Contractor shall dispose all worn/defective parts, oils, solvent, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. 1.6 Recordkeeping The Contractor shall establish and maintain a log delineating complete and accurate records of all inspection, testing, maintenance, repairs, parts and materials for each location for the term of the contract. The Contractor shall update logs after each service defined in the Contract. DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 Revised 4.4.19 1.7 Contract Pricing A. Inspection, testing and maintenance pricing for all locations mentioned in the Scope of work shall remain fixed during the term of the Contract. B. Repairs during the inspection and maintenance or on call repairs shall be invoiced at actual hours work at hourly labor rates as established in this Contract. C. Parts/Materials installed shall be invoiced at the Contractor’s actual cost to include any discount offered by the supplier and contract allowable markup. Material prices are subject to verification and receipts are required. 1.8 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.9 Work Location Location Address Health Department 1702 Horne Rd, Corpus Christi, TX 78416 City Hall 1201 Leopard St, Corpus Christi, TX 78401 Police Department 321 John Sartain St, Corpus Christi, TX 78401 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408 La Retama Central Library 805 Comanche St, Corpus Christi, TX 78401 Garcia Public Library 5930 Brockhampton St, Corpus Christi, TX 78414 Museum of Science and History 1900 N Chaparral St, Corpus Christi, TX 78401 Central Kitchen 4141 Old Brownsville Road, Corpus Christi, TX 78405 ON Stevens WWTP 13101 Leopard St, Corpus Christi, TX 78410 Broadway WWTP 1402 W Broadway, Corpus Christi, TX 78401 DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326.,,,achment B -Bid/Pricing/Schedule Date: �� 3/2C, CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 2263 Fire Sprinkler Inspection, Testing and Maintenance Services Authorized Bidder: Ranger Fire Inc. Signature: ss A/ ADP" PAGE 1 OF 2 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 Fire Sprinkler Inspection, Testing and Maintenance UNIT QTY Unit Price Total Price Health Department Year 3 $ 1, 000 $ 3,000 2 City Hall Year 3 $2,000 $ 6,000 3 CCPD Delta Year 3 $ 2,000 $ 6,000 4 Municipal Court Year 3 $ 2,000 $ 6,000 5 Frost Bank Year 3 $ 1,500 $ 4,500 6 La Retama Central Library Year 3 $ 1,000 $ 3,000 7 Garcia Public Library Year 3$ 1,000 $ 3,000 8 Museum of Science and History Year 3 $ 1,000 $ 3,000 9 Central Kitchen Year 3 $ 5 0 0 $ 1, 50 0 10 ON Stevens Year 3 $ 1, 0 0 0 $ 3, 0 00 11 Broadway WWTP Year 3 $ 1, 0 00 $ 3, 0 0 0 Item Repairs UNIT QTY Unit Price Total Price 12 Licensed Technician Normal Hours, M- F, 8:00 AM to 5:00 PM HRS 750 $ 8 5 $ 63 , 7 5 0 13 Licensed Technician Afterhours, Weekends and Holidays HRS 150 $ 155 $23,250 Estimated Spend Markup (%) $ 14 Parts/Materials $ 45,000 % 15 $ 51,750 Total $180,750 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, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 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. Page 1 of 3 DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 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. 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. Page 2 of 3 DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 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-B Contracts for General Services – Services Performed Onsite 04/26/2019 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 DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326 Attachment D: Warranty Requirements A.The Contractor will provide a six-month warranty on all parts and components. Any failed part or component will be replaced with a new similar item within the warranty period without any cost to the City. B.The Contractor agrees to replace all defective items delivered under this contract free of charge. C.The Contractor will pay all transportation charges covering return replacement and installation of these items. Page 1 of 1 DocuSign Envelope ID: 929BA112-BE4B-42B5-9624-FCEEDAAC0326