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HomeMy WebLinkAboutC2023-003 - 1/10/2023 - Approved DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA SERVICE AGREEMENT NO. 4320 Corpus Christi Water(CCW) Logo Painting for Elevated and Ground Storage Tanks THIS CCW Logo Painting for Elevated and Ground Storage Tanks Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Viking Painting, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide CCW Logo Painting for Elevated and Ground Storage Tanks in response to Request for Bid/Proposal No. 4320 ("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 CCW Logo Painting for Elevated and Ground Storage Tanks ("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 one year 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 Periods)"), 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. Service Agreement -CCW Logo Painting Page 1 of 8 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA 3. Compensation and Payment. This Agreement is for an amount not to exceed $212,500.00, 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: Diana Zertuche-Garza Department: CCW Phone: (361) 826-1827 Email: DianaZ@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 Service Agreement-CCW Logo Painting Page 2 of 8 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA 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 if 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. Service Agreement-CCW Logo Painting Page 3 of 8 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA 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 is permitted to enter into subcontracts or utilize the services of subcontractors. Contractor shall ensure that all subcontractors adhere to the requirements of this agreement, including the provisions that require obtaining and maintaining insurance coverages required by this agreement as well as providing proof of coverages to the City,as set forth in Section 5 of this agreement. Contractor shall remain responsible for the obligations and performance of the Services required to be provided and completed pursuant to this Agreement to the same degree as if the Contractor had performed and completed the Services." 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 some. 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: Diana Zertuche-Garza Title: Contract/Funds Administrator Address: 13101 Leopard Street, Corpus Christi, Texas 78410 Phone:(361)826-1827 Fax:(361) 826-4495 IF TO CONTRACTOR: Viking Painting, LLC Attn: John Snodgrass Title: Vice-President Address: 10905 Harrison Street, La Vista, Nebraska 68128 Page 4 of 8 Phone: (833) 847-8265 Service Agreement-CCW Logo Painting DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA Faso NIA 1 7® CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS THE CITY F CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AGENTS "I I' " FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, L IDEMANDS, I7 R AND CAUSES OF ACTIONF WHATEVER7 R OR DESCRIPTIONF PERSONAL INJURIES, LOSS, F, OR ANY OTHER KIND F INJURY, LOSS, OR DAMAGE, INCLUDINGALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYSFEESWITNESS WHICH ARISE L I TCONNECTION WITH A BREACH F THIS AGREEMENT ORTHE PERFORMANCE OFTHIS AGREEMENT 7RACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT F THE CONTRACTORITS EMPLOYEESS® CONTRACTOR MUST, AT ITS INVESTIGATELL CLAIMSTHEIR L OR OTHER DISPOSITION,' LL ACTIONS COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES F ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ARISINGANY KIND L7IFROM ANY SAID LIABILITY, 4 LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS F CONTRACTOR UNDER THIS F LL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. o Termination. (A) 'The City im ay t roma fe this Agreement for Contractor"s tca6Vuar had comply with any of the terms of this Agreement. The City must agave the Contractor written notice of the breach and set out a reasonalNe opportunity to cure. If the Contractor has not cured within [he cure period, the City may terminate mate this Agreement Amr edamtelly thereafter. (IP) Ahh rnatuv ly, the City may heriminafe th is Agreement for convenience upon 0 days advance written notice tai the ontrcactor. The City rrrncay also terminate this Acgreerrn nt upon 24 hours written notice had the Contractor for tcaUur hay pay or provide proof of Ipayinnen-t of taxes as set out in this Agreement. 19. Owner's Mainual and Preventative Mainteraan . Contractor cacgre s to provide a copy of the owner's rrnanucaf and/or preventative maintenance u iidaaH nes or inshru.a bions if available ablle tcalr any equipment purchased by tlhe City Ipursuant to hh is Agreement. ontrcactor must provide such docu.urrnentation upon defivary of such equipment and prior to receipt of the final payment by the hhy. Service Agreement -CCW II_oo Pa infing Page 5 of DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA 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.. Service Agreement-CCW Logo Painting Page 6 of 8 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA 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. Page 7 of 8 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA CONTRACTOR �. ,. ..� _.. , �...._ Title: ....._ . . �fe Dater � ` �2— T-Yg'GR PUS CHRISTI M2023-004 Authorized By �.. _.............................. _m ........_........ _ 1-10-2023 Josh Chronleym................m.. Council Assistant Director of Finance - Procurement Date: 1/24/2023 _. Er—;/s ...._.......,_... ---_ . Attached and Incorporated by Reference: Attachment A: Scope of Work ATTEST: Attachment B: Bid/Pricing Schedule DocuSignedby Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Rebecca Huerta Incorporated by Reference Only: City Secretary Exhibit 1: RFB/RFP No. 4320 Exhibit 2: Contractor's Bid/Proposal Response DocuSigned by:trltl oved as to form: F7FF79888OD4443.. 1/24/2023 6657C54D113549B... Assistant City Attorney Date Service Agreement-CCW Logo Painting Page 8 of 8 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA Attachment A - Scope of Work I.I. General Requirements Corpus Christi Water (CCW) is looking for a qualified contractor to submit a proposal to paint the new CCW logo on the outside of four water storage tanks. 1.2. Scope of Work A. The Contractor must have operated continuously for a minimum of seven years as an established firm providing coating/logo application services for ground and/or elevated water storage tanks. B. The Contractor shall paint the new CCW logo on the outside of the following water storage tanks: . dress dame and Type of Water Storage Tw _ Coral Vine Elevated Storage Tank* 14201 Allamanda Dr, Corpus Christi TX 78418 ___...m., ......... ._._.... Holly Elevated Storage Tank 4917 Holly Rd, Corpus Christi TX 78411 Rand Morgan Elevated Storage Tank _._.L .. pard S —_...,,... � is ,..._.. .. --- g 9365 Leo t, Corpus Christi TX 78409 _ _ .� ------ ..... ....... _ - ...... ......._ Staples Ground Storage Tank 5801CountyRoad 43, Corpus Christi TX —_........ .. �_._... ........ __m ...1 *Logo for Coral Vine EST is different than the other tanks C. The Contractor shall use the following color palette for the CCW logo: a. The logo will be coated with Tnemec Series 700 Hydroflon applied at 2.0 to 3.0 dry mils (color to match existing color on new logo design from approved color palette); only approved thinner, Tnemec 41-63 can be used; b. The Contractor shall consult with the Tnemec representative to color match from the approved color palette. D. The Contractor shall be responsible for all labor, materials and equipment necessary to paint logos on the exterior of the elevated and ground storage tanks; E. The Contractor shall obtain and pay for all required permits; F. The Contractor shall comply with all state and federal regulations applicable to logo painting on water storage tanks. RFP Template 03/15/2022 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1DA G. The Contractor shall ensure that no spent cleaning debris, dust, overspray, paint droplets, or emissions of any kind, escape to the atmosphere, the base of the tank, or adjacent buildings, private property, work sites and parking lots. H. The Contractor shall provide a Safety Plan, Pollution Prevention Plan and Pollution Mitigation Plan to CCW Staff; I. The Contractor shall appropriately size the logos based on applicable tank characteristics including size and orientation, see Attachments for additional information: a. Tank that will have one logo painted on the exterior is the Rand Morgan EST; b. Tanks that will have two logos painted on the exterior are Coral Vine EST (*different than the other three tanks), Holly EST and Staples GST. J. Thee shall provide a warranty for their we*10 last 15-20 years. K. The Contractor shall not subcontract the coating/logo application tasks but can hire a subcontractor in the event minor repairs are needed to complete the coating/logo application services. RFP Template 03/15/2022 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA 1.3. Surface Preparation A. All surface preparation and painting shall conform to applicable standards of the Steel Structures Painting Council, NACE International and the manufacturer's printed instructions. B. Materials applied to the surface prior to the approval of the inspector shall be removed and re-applied to the satisfaction of the inspector at the expense of the contractor. C. The Contractor shall field verify tank dimensions. 1.4. Special Instructions A. The City will retain the services of an independent NACE Certified Coating Inspector for construction observations and quality conformance inspections during the project duration. B. The Contractor is responsible for providing access to tank, communicating work progress, and coordinating inspection services with the City's independent consultant. C. The inspection company shall report to Corpus Christi Water. D. The Contractor shall not move or remove scaffolding, ladders or other fixtures necessary to provide proper inspection until such work has been inspected and approved by the City's independent consultant. E. All tanks will be kept in service during logo painting unless agreed to be taken offline by CCW. If a tank can be taken out of service for logo painting, the Contractor is required to give CCW a minimum of 72 hours' notice to drain the tank before work can begin. RFP Template 03/15/2022 ...... ........ �� ...... ... .. ._.....— ,,..... .......__.., DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA Affachments 1. Approved CCW Color Palette. 2. All logo elements for the Corral Wine EST (P ire Island 't' a'tty), and Logo -to be used for Holly, air it n and St Ipllesw . Photos of all ,t tanks, m Engineer Drawings for all t inks will be available upon request. RFP Template 03/15/2022 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA m m Ace Crl xi DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA Logo Artwork (D r u s 1�&.�axxam Christi Water Mmiii, Serving ._�A tarn+;:rrE,C�rtecxs> €..�^tr.�r.,i}�f,z��f;vf��r ....._......___._..........._........................................._...._................................_..............................................................__._..__._.....-.._....................................._ .__._...._......................................................................._.__........................................................................................................._.........__...._......._.... ........ mi� a s DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA CCW Pacire Water Ibwer Designs � .. ........ 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CITY OF CORPUS CHRISTI Pricing Form CONTRACTS AND PROCUREMENT 0,16RPP No. 4320 Corpus Christi Water(CCW) ILogo Painting for Elevated and Ground Storage Tanks PAGE I PI DATE: PROPOSER AUTHORIZED SIGNATURE t. Refer t "Instructions to Proposers"and Contract Terms and nditi i s before completing proposal. t. 2. Provide rur best price for each Item. 3. In submitting this proposal!, Proposer certifies that: on the prices in anis proposal have been arrived at independently,without consultation, communication,nicatiorn, or agreement with any other Proposer or competitor, 'for the purpose of restricting competition with regard 'to prices; fao Propps r is an Equal Opportunity Employer; and the Disclosure of lnterost information on file with City's Con-tracts o nd ProCUrerrnomnt office, pursuant to the Code of Ordinances, is current and true. cm Proposer haus incorporated any changes lSSLje through Addenda to tine RFP in anis ­� Item ri i � r� r I Coral n IST I — .._. Each... .1.. � _ 39,500,00 I 3%500.00 Height: 167' Diameter, 7' Bowl Idt„ 40' LL ass Dffrt th the nth it 3 t R 2flpffly RST-3MG �. .. .. ... Ya h-.. 67,000.00�� --or---o Heag to 171.6' Diam t r: 115' Bowl lit° 452 L s 93,000 00 0 400¢00.00 PIn u emu QST � 4' S Height: 158' Diameter: 5 l3oY Ht: 1 66� t . ._�.., Std � T�, ..... . Each�� .... _�_..... t 0 a _ 56,000,00 . .0 o.00 Height: 51' Diamet r: 1btu' 2 � s Allowance $10,000.00.... ._ .....ww $10,000.00 212,500.00 r 2 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA ATTACHMENT C- INSURANCE 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. ITTYPE OF INSURANCE --__...�_..rv. MINIMUM.. ., _..._._. ._..__. ww_ ........ ..._._���N, M INSURANCE COVERAGE Commercial General Liability Including: 1,000,m000 Per Occurrence. �.._.....�.a, 1. Commercial Broad Form 2. Premises-Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury w �. AUTO LIABILITY (including) including).w ... .�_... $500,000...��... ....� ._. . ..._...�� Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased � WORKERS' COMPENSATION .....�.. . Statutory ...... �. .� .. .... .....6�._.... � . EMPLOYER'S ABILITY $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. Il. ADDITIONAL REQUIREMENTS RFP Template 03/15/2022 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA 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 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 RFP Template 03/15/2022 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1 DA lrnsii..araar)ce and applicaUe endorsements t0 City. City shall have the or,::rtio n to suspend nd Co ntraactor°s performance should there be as l apse 'i n coverage at aarny tone during this contract. F::aallure to provide and to r7roa::aHmataµaii n the required fired i n,su.araarnc sltnaall a::naarnstiituat : a rar°naWat H°Haal breach of tt°uu,s contract. F. lrn addition to any other r :rn°nedi s the City may have Upon Coin tractor's failure to pr(..)vide and irmnaa'HrutaaHrn any Hrnsuaraarice or po Hcy endorsements to the extent aarnd within tt°ne firma h reHr.n required, the City 0 ia.alll have .1.h , rHgtnt to order or-Ara ctor to remove the eaahiUt hereUnder„ and/or withhold any paayrnrne nt(s) if any, whuctn become a:Ja..ae to Contractor herei,..ander u..arwtHl Contractor demonstrates nstrates c orr-upHarace Wth the req u!lire Me nts hereof. G. Nothing to r irn contained shall be construed as l'H minim in arny way the extent to root-nHa:;h Con-tractor rlrnaay be mala respoinsiUe for paayrnernts of dairnages tai Dersaarn.s oir property reSUlltHrng from Co ntraact »ir''s Or Hts ,su..ubcoritractor".s Iper orranaance of than work covered under this agreement. IHn It is agreed that Contractor's Hrnsuraaince shall be deeirried primary and non :a:>rntr bu.atory with respect to any insurance or salt Hrnsu.araarice carried by ttnasu C4y of Corpus Christi for llaalk ffy arising out of opeiraflo ns under this aagre rr-ie nt. L If is understood and agreed that the iirnsuairaarnce r ^q.Ared is in aaa:: difloi!i to and s paraat(:� tr ni any other obligation co ntaai nee in thlis agreement, Bond lRequir a eirmt ,° �(B), Bo requirements u�uir rrna�.'�m-nts therefore, Agreement a�a�fio n 5 lrnsu.araarnce,a Bond su,.A)sa�a�.�tuaarn l^�laa bond hereby void., 2021 li nsuaramam."Ie Re u.ailrernrnernt,s Urns„ Req. Eaatn'HbHt 4,,,alt Contracts for General eMaae , Services Flertaarmaw`d Onsite 05/10/2021 Risk Moi na:a as,Mme n t........ q....e aal Dept, i RFP Template 03/15/2022 DocuSign Envelope ID:794EFCCC-A725-42A9-ABED-389A85CDC1DA Attachment D - Warranty Requirements @d-) 1 Vn L coo`1-) T�efef shall provide a warranty for their o last 15-20 years. ,) t,