HomeMy WebLinkAboutC2022-116 - 6/28/2022 - Approved DocuSign Envelope ID:4185E5ED-54CC-4008-86BE-04AD21 FF5C04
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SERVICE AGREEMENT NO. 4139
Inspection, Cleaning, & Repair of Bunker Gear for CCFD
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THIS Inspection, Cleaning, & Repair of Bunker Gear for CCFD Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Gear Cleaning Solutions, LLC ("Contractor'),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Inspection, Cleaning, & Repair of Bunker
Gear for CCFD in response to Request for Bid/Proposal No. 4139 ("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 Inspection, Cleaning, & Repair of Bunker Gear 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.
(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.
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3. Compensation and Payment. This Agreement is for an amount not to exceed
$237,600.00, subject to approved extensions and changes. Payment will be made
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:
Name: Mariza Rodriguez
Department: Fire Department
Phone: 361-826-3994
Email: MarizaR2@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
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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.
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.
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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.
12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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: Mariza Rodriguez
Title: Contracts/Funds Administrator
Address: 2406 Leopard St., Suite 300, Corpus Christi, Texas 78408
Phone: 361-826-3994
Fax: N/A
IF TO CONTRACTOR:
Gear Cleaning Solutions, LLC.
Attn: Rick Johnson
Title: Owner
Address: 9030 Viscount Row, Dalls, Texas 75247
Phone: 214-774-2213
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Fax: 214-774-2438
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 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) 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.
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.
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CONTRACTOR
DocuSigned by:
L-209""'—
Signature:
Rick Johnson
Printed Name:
Title: owner
Date: 5/13/2022
M2022-096
Authorized By
6-28-2022
Council
W.YuSQFbPORPUS CHRISTI
LDS
Josh Chronley It;/515
Assistant Director of Finance - Procurement
Date: 6/29/2022
Attached and Incorporated by Reference: ATTEST
oocus : 6y
Attachment A: Scope of Work ;
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements Rebecca Huerta
Attachment D: Warranty Requirements
City Secretary
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 4139
Exhibit 2: Contractor's Bid/Proposal Response
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ATTACHMENT A: SCOPE OF WORK
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1.1 General Requirements/Background Information
These specifications cover the basic requirements for Inspection Cleaning and
Repair of Bunker Gear in accordance with NFPA 1851 : Standard on Selection,
Care, and Maintenance of Protective Ensemble for Structural Fire Fighting and
Proximity Fire Fighting, 2014 Edition. Section 6.3 Advanced Inspection, Section 7.3
Advance Cleaning and Decontamination and Chapter 8 Repairs.
NFPA 1851 : Standard on Selection Care and Maintenance of Protective
Ensembles for Structural Fire Fighting and Proximity Fire Fighting
1.2 Scope of Work
A. All firefighting gear shall require advanced cleaning, advanced inspection and
repairs of firefighting gear in accordance with NFPA 1851: Standard on Selection,
Care and Maintenance of Protective Ensemble for Structural Fire Fighting and
Proximity Fire Fighting, 2014 Edition.
B. The Contractor shall pick up and deliver firefighting gear at the following locations:
• Station 1 , 826-8054, 514 Belden (78401 )
• Station 2, 826-1245, 13421 Leopard St. (78410)
• Station 3, 826-1250, 1401 Morgan Ave. (78404)
• Station 4, 826-1247, 2338 Rodd Field Rd (78414)
• Station 5, 826-4648, 3105 Leopard St. (78408)
• Station 6, 826-8071 , 6713 Weber Rd. (78413)
• Station 7, 826-8075, 3722 S. Staples St. (7841 1)
• Station 8, 826-8077, 4645 Kostoryz Rd. (78415)
• Station 9, 826-1255, 501 Navigation Blvd. (78408)
• Station 10, 826-1258, 1550 Horne Rd. (78416)
• Station 11 , 826-8073 910 Airline Rd. (78412)
• Station 12, 826-8120 2120 Rand Morgan Rd. (78410)
• Station 13, 826-8080 1802 Waldron Rd. (78418)
• Station 14, 826-8150 5901 St. Staples St. (78413)
• Station 15, 949-9934 14202 Commodores Dr. (78418)
• Station 16, 826-4183 8185 State Hwy 361 (78418)
• Station 17, 826-8050 6869 Yorktown Blvd. (78414)
• Station 18, 826-8061 6226 Ayers St. (78415)
• Warehouse, 826-3934 1501 Holly Rd (78417)
C. The Contractor shall deliver firefighting gear within 48 hours after picking up.
D. The Contractor shall track and document all key steps in the advanced cleaning,
advanced inspection and repair of firefighting gear in accordance with NFPA
1851. The Corpus Christi Fire Department (CCFD) will request record of all
firefighting gear that have been advanced cleaned, inspected and repaired with
the specifics of what repairs were completed.
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DocuSign Envelope ID:4185E5ED-54CC-4008-86BE-04AD21 FF5C04
E. The work must be performed by an Independent Service Provider (ISP) that is
authorized to work on Globe Fire Suits Structural firefighting gear.
F. The Contractor shall be an authorized repair dealer for Globe Fire Suits and able
to provide CCFD with the free hook and loop ("Velcro") repair that is currently
received from Globe Fire Suits.
G. Firefighting gear that is under warranty shall be repaired by the manufacturers
authorized warranty repair dealer at no charge to the CCFD.
H. The annual quantities required for a 12-month period is approximately 650 sets
of firefighting gear per year.
1.3 Warranty
The Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing
similar services.
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DocuSign Envelope ID:4185E5ED-54CC-4008-86BE-04AD21FF5C04 NT B - BID PRICING
C CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BID FORM
NP'PPoPpPPSE�
1852 RFB No. 4139
Inspection, Cleaning, & Repair of Bunker Gear for CCFD
PAGE 1 OF 1
Date: April 14, 2022
Authoriz
Bidder: Gear Cleaning Solutions Signaturde:
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
ITEM DESCRIPTION 3-Yr. UNIT UNIT TOTAL PRICE
QTY PRICE
1 .0 Cleaning and Inspection - Coat: 1 ,950 EA $ 17.00 $ 33150.00
Therma Liner
1 .1 Cleaning and Inspection - Coat: 1 ,950 EA $ 22.00 $ 42900.00
Outer Shell
2.0 Cleaning and Inspection - Pants: 1 ,950 EA $17.00 $ 33150.00
Therma Liner
2.1 Cleaning and Inspection - Pants: 1 ,950 EA $ 22.00 $ 42900.00
Outer Shell
3.0 Cleaning and Inspection - Helmets 1 ,950 EA $ 10.00 $ 19500.00
4.0 Cleaning and Inspection - Gloves 1 ,950 PAIR $ 5.00 $ 9750.00
5.0 Cleaning and Inspection - Boots 1 ,950 PAIR $ 10.00 $19500.00
6.0 Cleaning and Inspection - Suspenders 1 ,950 PAIR $ 5.00 $ 9750.00
7.0 Allowance for unforeseen repairs to 3 EA $ 9,000 $ 27,000.00
bunker gear
3-Year Total $ 237,600.00
DocuSign Envelope ID:4185E5ED-54CC-4008-86BE-04AD21 FF5C04
Attachment C: Insurance and 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
30-written day notice of cancellation, Bodily Injury and Property
required on all certificates or by Damage
applicable policy endorsements Per occurrence - aggregate
Commercial General Liability Including: $1,000,000 Per Occurrence
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single
1 . Owned Limit
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.
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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 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 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.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Contractor's performance
should there be a lapse in coverage at any time during this contract. Failure to provide
DocuSign Envelope ID:4185E5ED-54CC-4008-86BE-04AD21 FF5C04
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
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.
Bond Requirements:
No bonds are required.
2021 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
05/10/2021 Risk Management- Legal Dept.
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ATTACHMENT D - WARRANTY
No warranty required for this agreement.