HomeMy WebLinkAboutC2020-336 - 10/13/2020 - Approved
Service Agreement Standard Form Page 1 of 8
Approved as to Legal Form March 9, 2020
SERVICE AGREEMENT NO. 3164
Tire Repair, Replacement, and Alignment Services for CCFD
THIS Tire Repair, Replacement, and Alignment Services for CCFD Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and Southern Tire Mart, LLC (“Contractor"),
effective upon execution by the City Manager or the City Manager’s designee (“City
Manager”).
WHEREAS, Contractor has bid to provide Tire Repair, Replacement, and Alignment
Services for CCFD in response to Request for Bid/Proposal No. 3164 (“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 Tire Repair, Replacement, and Alignment Services
for CCFD (“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 two additional one-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
$299,693.10, 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:
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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: Brian Moody
Department: Equipment Maintenance Superintendent
Phone: 361-826-3924
Email: BrianM2@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.
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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.
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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: Brian Moody
Title: Equipment Maintenance Superintendent
Address: 1501 Holly Road, Corpus Christi, Texas 78417
Phone: 361-826-3924
Email: BrianM2@cctexas.com
IF TO CONTRACTOR:
Southern Tire Mart, LLC
Attn: Richard Conwill
Title: Director of Government Sales
Address: 800 Highway 98, Columbia, Mississippi 39429
Phone: 1-877-786-4681
Email: Richard.Conwill@stmtires.com
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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.
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20. Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
22. 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.
23. 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).
24. 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.
25. 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.
26. 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.
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27. 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.
[Signature Page Follows]
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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. 3164
Exhibit 2: Contractor’s Bid/Proposal Response
Richard Conwill
Director of Government Sales
9-11-20
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___________________Authorized By
Council ________________________
10/13/2020
M2020-208
10/14/2020
ATTEST:
_____________________________
Rebecca Huerta
City Secretary
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ATTACHMENT A: SCOPE OF WORK
General Requirements/Background Information
The Corpus Christi Fire Department Fleet Maintenance Division is responsible for
keeping the Fire Department’s units ready for emergency service. Tire Repair,
Replacement, and Alignment services are critical to sustaining the dependability
of the fire trucks, ambulances, and other emergency response vehicles. The
Contractor shall provide Tire Repair, Replacement, and Alignment Services as
outlined in the Scope of Work.
Scope of Work
A. The Contractor will provide tire replacement for passenger tires, which shall
include a road hazard warranty.
B. The Contractor will be required to have 4 working service trucks.
C. The Contractor must maintain stock in sufficient amount and sizes of tires to
supply the reasonable demands of the City.
D. The Contractor shall properly dispose of tires according to current federal and
state regulations (Environmental Fees included).
E. The Contractor will follow all safety precautions during emergency vehicle
roadside tire services.
F. The Contractor shall provide roadside emergency and non—emergency tire
services for Fire Trucks, Ambulances, and Staff vehicles as needed.
G. Tire replacement for Fire Trucks must be Michelin brand steer tires, size 425/62R
22.5, 385/65R 22.5, 315/80R 22.5, and 12R 22.5, 11R 22.5.
H. The Contractor’s Response Time: Fire Trucks, Ambulances, and Staff Units
1. Non-Emergency/Scheduled: 1 hour (Defined as listed at CCFD and not
roadside) Monday through Friday, 7:00 AM to 5:00 PM.
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2. Emergency: 1 hour (Defined as roadside emergencies during normal hours
stated above and all locations after hours, weekends and holidays).
Tire Repair
A. Contractor shall repair tires for Ambulances and Staff Units.
B. Contractor will use tire patches and replace valve stems to repair tires.
Wheel Alignments
A. The Contractor shall provide wheel alignment services at the Contractor’s
location at the request of the Fleet Operations Manager or designated staff
representative.
B. Wheel alignment services shall include inflating vehicle/equipment tires to the
correct air pressure, inspecting the steering and suspension system, aligning
the vehicle to manufacturer's specifications and a test drive to ensure all
systems are aligned to the straight-ahead position and working properly.
Work Site and Conditions
The work shall be performed at Contractors location within the city limits of Corpus
Christi, TX, Nueces County. Staff vehicles will be taken to Contractor. Loose EMS
vehicle wheels will be taken to Contractor and Fire units will be taken when
possible. The Contractor will on occasion pick up wheels from shop and return
them with new tires installed.
Special Instructions
A. All repairs shall be completely documented by the Contractor. A copy of
each work order or repair slip will be provided to the personnel on site at time
of completion and shall provide the following information:
1. Site location of the equipment repair.
2. Unit number, make, model number, and VIN of the vehicle repaired.
3. Make and model number of any replacement parts.
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B. Service to support the CCFD during emergency or disaster event. This shall
require the Contractor to provide a service truck and mechanic with required
parts and supplies to provide necessary tire repairs over an extended time.
Warranty
A. The Contractor hereby warrants all Tires and Accessories as set in the contract
and the individual manufacturer’s warranty documents. The Contractor will
respond, on-site for all warranty repairs within one hour following notice from
Contract Administrator.
B. All items shall be guaranteed for a minimum period of one year against
defects in material and workmanship.
C. Material and workmanship ethics shall be of the highest quality currently used
in the maintenance of commercial fleet tires in accordance with the tire
industry association (TIA).
D. Wheel Alignment services shall be warranted for at least one-year.
Post Award Security Requirements
A. The Contractor will comply with all Security requirements. Due to the nature
of the Fire Department Warehouse Information, Contractor employees must
have clear Criminal History backgrounds, and this must be verified before
each employee is cleared to work in the building. The Contractor will submit
the name, address, social security number, height, weight, date of birth, copy
of driver’s license or picture ID of the Contractor and each employee hired
for work on this contract. A completed personal history statement and other
forms may be required for security. If will be the Contract Administrator’s
decision whether a Contractor’s employee is acceptable to work in the Fire
department warehouse area.
B. The Contractor will furnish an adequate number of employees to perform all
work specified with the contract. Contractor’s employees will conduct
themselves in a proper and efficient manner always, and especially to
maintain a business-like relationship with others.
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C. Contractor employees found to be working in any Fire Department
Warehouse area who have not been cleared in advance will be required to
leave the area immediately and the Contractor will be fined $500 for each
employee, per instance. Changes in personnel will be provided to the
Contract Administrator, in writing, prior to making such changes or before
personnel begin working on City property.
D. Pre-Performance Conference: Prior to commencing work under this contract,
the Contractor will meet in a conference with the Contract Administrator to
discuss and develop mutual understanding relative to the execution of this
contract. A contract incorporating the provisions of these specifications will
be provided by the City for execution by the successful Contractor.
E. Performance Evaluation Meetings: The Contractor’s Manager will visit the
Contract Administrator or designated representative monthly. Additional
meetings will be held at the discretion of the Contract Administrator, but not
less often than monthly. A mutual effort will be made to resolve all problems
identified.
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Attachment B – Schedule of Pricing
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Attachment C: Insurance and Bond Requirements
I. CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by
the City. Contractor must not allow any subcontractor, to commence work
until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract
Administrator one (1) copy of Certificates of Insurance with applicable
policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City’s Risk Manager. The City
must be listed as an additional insured on the General liability and Auto
Liability policies by endorsement, and a waiver of subrogation endorsement
is required on GL, AL and WC if applicable. Endorsements must be provided
with Certificate of Insurance. Project name and/or number must be listed
in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of
cancellation, non-renewal, material change
or termination required on all certificates and
policies.
Bodily Injury and Property
Damage
Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY including:
1. Commercial Broad Form
2. Premises – Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
$1,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
$1,000,000 Combined Single Limit
WORKERS’S COMPENSATION
(All States Endorsement if Company is not
domiciled in Texas)
Employers Liability
Statutory and complies with Part II
of this
Exhibit.
$500,000/$500,000/$500,000
Garage Keepers Legal Liability
$1,500,000
Cargo/On Hook Towing Coverage $1,500,000
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C. In the event of accidents of any kind related to this contract, Contractor
must furnish the Risk Manager with copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers’
compensation coverage through a licensed insurance company. The
coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers’ compensation coverage
provided must be in statutory amounts according to the Texas Department
of Insurance, Division of Workers’ Compensation. An All States Endorsement
shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration
of this Contract, and any extension hereof, at Contractor's sole expense,
insurance coverage written on an occurrence basis by companies
authorized and admitted to do business in the State of Texas and with an
A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of
the policy expiration dates. All notices under this Exhibit shall be given to
City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as
additional insureds by endorsement with regard to operations, completed
operations, and activities of or on behalf of the named insured performed
under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
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• 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, cancellation, non-renewal, material change or termination in
coverage and not less than ten (10) calendar days advance written notice
for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material
change or termination of coverage, Contractor shall provide a
replacement Certificate of Insurance and applicable endorsements to
City. City shall have the option to suspend Contractor's performance should
there be a lapse in coverage at any time during this contract. Failure to
provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's
failure to provide and maintain any insurance or policy endorsements to
the extent and within the time herein required, the City shall have the right
to order Contractor to stop work hereunder, and/or withhold any
payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the
extent to which Contractor may be held responsible for payments of
damages to persons or property resulting from Contractor's or its
subcontractor’s performance of the work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the
City of Corpus Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
No bond is required for this service agreement; therefore, Section 5 Insurance;
Bonds, subsection (B) is null and void.
2020 Insurance Requirements
Ins. Req. Exhibit
CCFD Vehicle Service and Repairs
04/13/2020 Risk Management – Legal Dept.
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Attachment D: Warranty Requirements
The Contractor hereby warrants all tires and accessories as set in the contract and
the individual manufacturer’s warranty documents. The Contractor will respond,
on-site for all warranty repairs within one hour following notice from Contract
Administrator.
All items shall be guaranteed for a minimum period of one year against defects
in material and workmanship.
Material and workmanship ethics shall be of the highest quality currently used in
the maintenance of commercial fleet tires in accordance with the tire industry
association (TIA).
Wheel Alignment services shall be warranted for at least one-year.
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