Loading...
HomeMy WebLinkAboutC2022-011 - 1/25/2022 - Approved DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 113S c SERVICE AGREEMENT NO. 3922 Lawncare Service at Corpus Christi International Airport f�'anwo�alev 1852 THIS Lawncare Service at Corpus Christi International Airport Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Greens & Things Nursery & Landscape LLC ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Lawncare Service in response to Request for Bid/Proposal No. 3922 ("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 Lawncare Service ("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. (A) The Term of this Agreement is three years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. 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 in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $198,000.00, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form -Airport Page 1 of 8 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in 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 must be mailed to the following address with a copy provided to the Contract Administrator: 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: Lawrence Thormaehlen Aviation Department Phone: 361 .826.1266 LawrenceT@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 Service Agreement Standard Form -Airport Page 2 of 8 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 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. 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 Service Agreement Standard Form -Airport Page 3 of 8 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 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. 12. Subcontractors. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Lawrence Thormaehlen Interim Facility Manager 1000 International Dr., Corpus Christi, TX 78406 Phone: 361 .826.1266 Fax: n/a IF TO CONTRACTOR: Greens & Things Nursery & Landscape LLC Attn: JoAnn Vasquez Co-Owner Service Agreement Standard Form -Airport Page 4 of 8 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 809 Houston St., Portland, TX 78374 Phone: 361 .777.3759 Fax: 361 .777.3755 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Service Agreement Standard Form -Airport Page 5 of 8 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 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 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. 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. 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 Service Agreement Standard Form -Airport Page 6 of 8 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. 28. Federal Funding Requirements. This project is subject to requirements provided for 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 the FAA, or its designee 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 -Airport Page 7 of 8 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 CONTRACTOR Docusigned by: Signature: E-&W Va5 C6726CDF28B475... Printed Name: 3oann Vasquez Title: owner Date: 12/1/2021 M2022-013 Authorized By Council 01-25-22 CITY OF CORPUS CHRISTI Docusigned by: � Ds Jos I /5 Assistant Director of Finance — Procurement Date: 1/27/2022 APPROVED AS TO LEGAL FORM cusigned by: jDo n04 Rw 1/24/2022 ATTEST Asses an' i y Attorney Date DocuSigned6y 4 WN Rebecca Huerta Attached and Incorporated by Reference: City Secretary Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3922 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Airport Page 8 of 8 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 Attachment A: Scope of Work 1.1 Scope of Work A. Hedges and Bushes 1 . Hedges and bushes must be maintained on a correlational basis as the lawn, dependent upon the growth rate of the bushes. 2. The hedges and bushes must be maintained to a decent size which is seemed fit by the Contractor and the Contract Administrator. B. Pesticides and Herbicides 1 . Proper usage of pesticide and herbicide must be completed upon both the Contractor and Contract Administrator. 2. The Contractor must have all proper credentials to use both pesticides and herbicides in a professional setting. Contractor must show proof of such credentials. 3. Herbicide must be distributed on site in a safe manner as not to disturb and or destroy desired plants yet kills excessive weed growth. C. Edging 1 . The Contractor must edge alongside all roads and sidewalks identified in scope of work, maintaining a clean and attractive environment for Airport customers. 2. The Contractor is responsible for the removal and disposal of all unwanted vegetation (edged, trimmed, or mowed) which finds its way onto sidewalks and the road, whether the grass and/or dirt is blown back onto the lawns or picked up. 3. Edging is also essential around all street and safety signs, ensuring edging levels are even with the height of the grass which has been mowed. D. Entrance Property at CCIA Logo 1 . The CCIA logo is located inside the divider between both side of International Road. Special care needs to occur around the CCIA Page 1 of 9 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 logo. Proper maintenance of the vegetation around the CCIA logo is vital. 2. All concrete sections must be mowed around and look presentable for the public. 3. Blowing or sweeping the concrete portion into divider lawn is acceptable. 4. Clippings which are discarded from the mower must not be allowed to be blown on the street or concrete separations. 5. All clipping must be blown off or disposed of properly. E. Weed Removal 1 . The Contractor must prevent growth along and inside all fences (on both sides of the fence) identified in this scope of work. 2. The fence line must be properly maintained to not let the growth of weeds get within six inches of the fence itself. 3. The usage of herbicle or edging is optional if the specifications are met. 4. Remove weeds which grow within or across the top of a walkway. 5. Any grass or weeds which grow within the concrete must be disposed of by either herbicide or edging. 6. Grass and/or weeds must always be maintained by a one-inch distance from the concrete edge itself. 7. The Contractor must not overuse weedkiller. If there is a noticeable overuse of herbicide in an area, the Contract Administrator will assert its authority to stop usage of all future herbicide. F. Mulching 1 . Bi-annual mulching must occur every year of the contract in areas of CCIA property which currently have much. 2. The mulch must be replaced with the same color as the current color or brand. Page 2 of 9 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 3. If the black protective tarp underneath the mulch no longer exists, the tarp must also be replaced during that same annual rotation. 4. The mulch must be at least two inches thick to reduce the probability of future weed growth. 5. Black tarps may also be replaced upon the request of the Contract Administrator. 6. Additional mulching may also be requested for a new area of the property by the Contract Administrator. G. Equipment and Materials 1 . The Contractor must provide their own equipment, supervision, labor, transportation, tools, and materials for the completion of the contract. 2. No equipment or materials may be stored at CCIA property. H. Trash Disposal 1 . The Contractor must dispose of all trash off site of CCIA property. 2. No clippings, personal trash, tree branches, or any other miscellaneous trash shall be placed in any dumpsters or trashcans located at the property. 3. The Contractor is responsible for cleaning the sidewalks and curb gutters, scraping and removal of any build-up of sand or dirt is required. Curb gutters should be free of any debris. 4. The Contractor shall pick up any trash found on site prior to commencing work and the Contractor is responsible for disposal. 1.2 Work Site and Conditions A. Frequency 1 . Lawns must be mowed three times a month during the wet season and every three weeks during the dry season. a. April through October is considered the wet season. b. November through March is considered the dry season. Page 3 of 9 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 2. Lawns must not be any shorter than three inches and not exceed a growth of six inches in height. 3. All areas of maintenance must have a level height in grass and be maintained within the same time frame as the rest of the property. Hence, half of the area should not be exceedingly higher than the remaining section. B. Estimated Square Feet Exhibit B 1-4 are attached for your reference. SECTION AWN. HEDGE/BUSH & Mp 11/�N,G FLOWER BEDS Section I - International Drive 763,658 48,763 Section II - Quick Turn Around 40,650 14,000 (QTA) 1.3 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. 1.4 Special Instructions A. Contract Administrator 1 . All work completed by the Contractor shall be subject to approval by CCIA Contract Administrator or designee. 2. Contract Administrator or designee has the right to require the Contractor to re-mow, re-trim, re-edge, re-sweep if the work was not performed to contract specifications. Page 4 of 9 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 3. In the event of equipment failure which must extend work past completion date/time, Contractor most communicate with the Contract Administrator. 4. If there are any questions or problems encountered on property, the Contractor must contact the Contract Administrator listed below. 5. Corpus Christi International Airport Contract Administrator is: Larry Thormaehlen, Interim Facility Manager 361-289-0171 Ext 1266 office 361-660-6309 cell LawrenceTC cctexas.com B. Contractor Contact Information The Contractor must provide viable contact phone number(s) and emails for effective communication regarding all work. This is to provide a means of effective communication between City officials and Contractor's representative concerning directions, response time, cancellations or problems encountered at the site. C. Project Costs All costs, either direct or indirect, associated with or incidental to Contractor's performance of the services described in this scope of work are the sole responsibility of Contractor and considered to be included in the contract pricing. Such expenses may include, but are not limited to: 1 . travel to and from the subject property 2. execution of work 3. clearing and transporting of debris 4. storage fees 5. hauler permit fees 6. cost of required insurance, certifications, etc. Page 5 of 9 co V o bioz - m LU W c E E o v W H C tLo O O CL J � u CL a a m f i % I ImLU 9 v W IINf � z Q � m W m CIO _ 11 LJJ D 4- _j C) Q J; L z O 00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII���� �� ����� � ti Q O, W LLI 10 Vli F z _ p I CL t' z 0 F U o W N N � p O ao o ULO //v a L? / i ifii�,1.14A iy Yy'JQI�'�ilrl�71 � 0?LL v �l LLI 00 LL Q f oa At ui rnco r O O 0 V) 1vmmi , N li 'ro'I ,u' IVI � W i bio ' N N N i > OCL L CL bio CL m I � fi d Q •C O C �,." / ui �1c r a a� F o i f r j G r I. Z N a ii yli �wh° r6 V i � Q uiW z •i a ui +� o dui♦I � j / ��,. i X Q ate, W s ; / z O O i H O z N z CL i z O i / O U f 00 LLI I � O N rr z L? 0?LLJ LL 00 LL CL ��� � � iiiiHu uiumommimmoioioioi�mlolouou umu > l/ w 7 U O i I V) � N 0 co o (1) V bio Z o LU E Zui a' E O O ' Ve O N CL J h0 Ui Q 3 a) o a) t pi, ,rylr��;,VlVrglJifeit i(fl ��iir, m Z o O z r F- D D � U I� J Lf uiQ awl ui u Z p m WCIO a W D - Ld" Z O 0 O ol z 00Q - w a) W t, H Z CL Z _O F w O LO N c� 00 p O o Z U LO N N 01��l LL V pLLJ 00 LL 1�111111�1� � f s 0 (1) *F.> LLI 7 O O 0 V) r-I N O g oN cn r-I to o z o U ' E Y O E N Z W C7 qA co a W N > ao CL b a I D � r�,//r�✓tel lir JJh n, r !r rs' / 1. l" """'7� / �� CL m I W X N o olcrol 7 u LI) iiii r r//� / > lr� // iii,�/� //� �/ / l/ „ i ,,; r / 'n // j��/ O u? �/ CO 0 CO LL o �� Iii ffff(fffff fir�n�nrrr�i0if� > At � 4 7 O O 0 000uSignEnvelope ID:4FoE1o4o'oo1c-4Foo-81oc-5ooncooa1oon DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 Attachment C: Insurance & Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. 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. B. 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 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) $500,000 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 C. 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. 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 Page 1 of 3 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 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. 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 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 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, 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 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 remove the exhibit Page 2 of 3 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 hereunder, and/or withhold any payment(s) if any, 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 agreement. 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 agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. No bond is required for this service agreement. Page 3 of 3 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 Attachment D: Warranty Requirements Warranty is required for this service agreement. Page 1 of 1 DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 ATTACHMENT E: FEDERAL REQUIREMENTS DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 E1 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. DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 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 § 460 1) (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); DocuSign Envelope ID:4F8E134D-D31 C-4F33-813C-5235COD81 D35 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 sec).