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HomeMy WebLinkAboutC2023-094 - 5/23/2023 - Approved DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE SERVICE AGREEMENT NO. 4583 Portable Building for Engineering to% THIS Portable Building for Engineering Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Sustainable Modular Management ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Portable Building for Engineering in response to Request for Bid/Proposal No. 4583 ("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 Portable Building for Engineering ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for six months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $225,530,00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE 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: David Thornburg Department: Engineering Services Phone: 361-826-4036 Email: Davidth@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety, 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9,2020 DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE 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, qualify items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget, 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day taxed 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: David Thornburg Title: Construction Manager Address: 4917 Holly Road Bldg 5, Corpus Christi, TX 78411 Phone: 361-826-4036 Fax: 361-826-1901 IF TO CONTRACTOR: Sustainable Modular Management Attn: Brian Schaefer Title: CSO Address: 2500 Legacy Drive, Suite 100, Frisco, TX 75034 Phone: 972-619-7300 Fax: 972-619-7333 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE 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, CLADS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9,2020 DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE 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 if 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 Standard Form Page 6 of 7 Approved as to Legal Form March 9,2020 DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE 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. CONTRACTOR Signature: 2, ATTEST: 14 &, ocuSigned by: Printed Name: 37A7762OD51947D Rebecca Huerta Title: City Secretary Date: C OQ Ig.eQPRPUS CHRISTI q+t �� 1711 M2023-071 6=00 Authorized By JOS T h C. ronPY Assistant Director of Finance - Procurement Council 5/23/2023 Date: 5/31/2023 Attached and Incorporated by Reference: Er;-/s15 Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 4583 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE or n 0 ATTACHMENT A: SCOPE OF WORK Project address: 4917 Holly Rd, Corpus Christi, TX 78415 Scope of Work: The Vendor shall supply, deliver, and install a double wide building to be used as office space. The building must be set up to meet windstorm requirements. Building specifications and floor plan is attached. Vendor will set up delivery and installation with Maria Godina, 361-826-3834 Page 1 of 5 DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE BUILDING SPECIFICATIONS QUOTE: CONTACT: David Thornburg DATE:1/1912023 2017 NATIONAL.ELECTRIC CODE CLIENT: City of Corpus PROJECT:OFFICE 2015 INTERNATIONAL BUILDING CODE ADDRESS: Christi STATE:TX 2016 INTERNATIONAL MECHANICAL CODE CITYISTATE: GODE,.2016 IBC 2015 INTERNATIONAL PLUMBING CODE BLDG.MODEL: STATE LABEL:TX 2016 INTERNATIONAL ENERGY CONSERVATION COTE MODULE WIDTH p 12 FLOOR LOAD:60 LB 2012 TEXAS ACCESSIBILITY STANDARDS MODULELENGTH- 70 ROOF LOAD:20 LB NO.OF MODULES- 2 WIND LOAD:130 MPH 1NTERIOR WALL HEIGHT 0"PROX;-EXTERIOR WALL HEIGHT FRAME: UTRIGGER OUTRIGGER TYPE W/CROSSMEMBERS OUTRIGGERS 40-D.C. 6 T H DEMOUNTABLE HITCH 2 LES NEW 6000#BRAKE AXLE PER MODULE 2 LES NEW 6000#IDLER AXLE PER MODULE 40 IRES C ES NEW 0x14,5,10 PLY RATED FLOOR: 4900 OTTOM BOARD WOVEN PLASTIC TYPE OR EQUAL 273 GIST SINGLE 2X6,16"O.C.,112 SYP OR EQUAL ..... 117 IM JOIST SINGLE 2X6,#2 SYP OR EQUAL 4900 ECKING SINGLE 23132"T&G STURD-1-FLOOR PLYWOOD 4900 F INSULATION R-19 UNFACED FIBERGLASS 200 F COVERING AZROCK 1/8"12'x12"BLOCKTILE COLOR: [ :�470O F COVER 20 OZ,COMMERCIAL CARPET FACTORY INSTALLED COLOR: F777771100 L.F.BASE 4"VINYL COVE BASE COLOR: EXTERIOR WALLS: 280 STUDS 2X4 16"O,C.,FULL HEIGHT 660 rop PLATE DOUBLE 2X4#2 SYP OR EQUAL 280 30TTOM PLATE SINGLE 2X4#2 SYP OR EQUAL .::�2800 NSULATION R-113 KRAFT BACKED FIBERGLASS 2240 NT.COVERING 1/2"VINYL COVERED GYPSUM BOARD CHOICE FROM STANDARD COLORS COLOR: E'�2800 EXT COVERING 318"L.P.SMART PANEL 8"VERTICAL COLOR: r----1kis�EXT.TRIM 7/16"X4" TRIM COLOR: E_�2800-IOUSE WRAP HOUSE WRAP UNDER EXTERIOR SIDING FROM BOTTOM OF JOIST TO ROOF EDGE INTERIOR WALLS: 42 LF WALLS OVERALL LENGTH 325STUDS 2X4,8'#2 SYP OR EQUAL 868 TOP PLATE DOUBLE 2X4#2 SYP OR EQUAL 429,)BOTTOM PLATE SINGLE 2X4 42 SYP OR EQUAL 1 432, F INSULATION R-11 UNFACED FIBERGLASS 63812 6864 F COVERING 1/2"VINYL COVERED GYPSUM BOARD CHOICE FROM STANDARD COLORS COLOR: F----1-52 f`WAINSCOT F,R.P.PANELS,4-HIGH IN RESTROOMS specifloatIons,xIs 1 O <date> DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE Ed Sanchez-specificationsAs Page 3 ROOF: DESIGN TRANSVERSE RIDGE(SLOPE TO ENDS) 3_31'RAFTERS 2X6,#2 SYP OR EQUAL 4000 SF CEILING 2'x 4'T-GRID AT 7'10"(NOMINAL)A.F.F.FACTORY 490 NETTING BLACK NETTING TO SUPPORT INSULATION 400 NSULATION R-30 UNFACED FIBERGLASS 490 ROOF SHEATHING 7/16"MULEHIDE FR DECK 560 F MATE BEAM ENGINEERED LAMINATED WOOD MATEBEAM 2l3OLUMNS OPEN AREA MATELINE SUPPORT COLUMN 4000 F ROOFING BLACK,45 MIL EPDM MEMBRANE WINDOWS: 13 0"X30" BRONZE FRAME VS CLEAR DOUBLE INSL GLASS BLINDS: IM_INI BLINDS V ALUMINUM MINI-BLINDS COLOR: EXTERIOR DOORS: I '0"X6'8" STEEL IN EXTRUDED ALUMINUM FRAME WITH IOX10VIEW LITE 1 l0IX616, STEEL IN EXTRUDED ALUMINUM FRAME WITH 15 LITE KIT 2 EVER LOCK EXTERIOR PASSAGE LEVER BOLT DEAD BOLT WITH THUMB LATCH -------AATCH GUARD STEEL GUARD ON EXTERIOR DOOR LOCK 2 LOSER ADA COMMERCIAL GRADE HYDRAULIC CLOSER INTERIOR DOORS: [� 14:0X�11" PREFINISHED TIMELY H.C.,IN STEEL JAMB PREFINISHED TIMELY H.C.,IN STEEL JAMB AIA0EVER COMMERCIAL GRADE 2 PASSAGE LEVER W/ASTRAGAL AND FLUSH BOLTS 2 EVER COMMERCIAL GRADE 2 PRIVACY LEVER ELECTRICAL: SERVICE 120/240 VOLT 60Hz SINGLE PHASE RACEWAY EMT W/FLEXIBLE CONDUIT 4PANELBOX 100 AMP SINGLE PHASE NEMA 3 WITH MAIN BREAKER 1PANEL BOX 125 AMP SINGLE PHASE NEMA 3 WITH MAIN BREAKER 4 LIGHTS 2 TUBE,4'FLUORESCENT TROFFER T-8 331LIGHTS 4 TUBE,4'FLUORESCENT TROFFER T-8 1 LIGHTS INCANDESCENT PAN LIGHT OIN 3LIGHTS PORCH LIGHT-WALL MOUNTED,WITH PHOTOCELL 3 IGHTS DUAL HEAD EMERGENCY FLOOD LIGHT WITH BATTERY BACKUP XIT SIGN LIGHTED EXIT SIGN WITH BATTERY PACK 31EXI SIGN COMBO LIGHTED EXIT SIGN WITH DUAL HEAD EMERGENCY FLOOD LIGHT AND BATTERY BACKUP 63 ECEPTACLE 120V,15 AMP,DUPLEX RECEPTACLE 20 ECEPTACLE 120V,15 AMP,QUADPLEX FLOOR RECEPTACLE 4 ECEPTACLE 120V,15 AMP,GFCI RECEPTACLE 2 ECEPTACLE 12OV,20 AMP,EXTERIOR MOUNTED GFC1 RECEPTACLE WITH WEATHER KIT 22WITCH 115A SINGLE POLE SWITCH 4_j%wITCH 15A3-WAYSWITCH 23 -BOX EMPTY 2X4 BOX WITH STUB OUT ABOVE T-GRID 20J-BOX EMPTY 2X4 BOX WITH STUB BELOW FLOOR ELECTRICAL DEVICES COLOR: WHITE specifications.xis 20F <date> DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE Sanchez specificationsAs PLUMBING: SUPPLY LINES CPVc WASTE LINES PVC 2WATER HEATER POINT OF USE INSTA-HOT 1 WATER HEATER 10 GAL ELECTRIC WITH SWITCH 2WATER CLOSET ELONGATED BOWL TANK TYPE TOILET 2 WATER CLOSET HANDICAP HEIGHT,TANK TYPETOILET 2LAVATORY WALL HUNG LAVATORY WITH FAUCETS i SINK 15"STAINLESS STEEL BAR SINK WITH ADA 4"CENTER-SET GOOSENECK FAUCET 2GRABBAR PAIR, ONE 36"AND ONE 42" 2STALL TOILET PARTITION 60"(STEEL) 2STALL TOILET PARTITION H.C.(STEEL) 2MIRROR STANDARD 18"X30"WALL MOUNTED WITH CLIPS 4 TP HOLDER WALL MOUNTED TISSUE DISPENSER HEATING I(AIR CONDITIONING: 51EATJAIR 3-1/2 TON WITH 10 KW HEAT,WALL MOUNT 6HERMOSTAT PROGRAMMABLE THERMOSTAT 2'FAN 180 CFM VENT FAN 400 VAC SUPPLY DUCT FIBERGLASS SUPPLY DUCT 300 VAC RETURN DUCT FIBERGLASS RETURN DUCT 321SUPPLY REGISTER 24"x24"PERFORATED FACE T-GRID SUPPLY 30 ETURN AIR GRILL 24"44"PERFORATED FACE T-GRID RETURN 7 LF PLENUM FALSE WALL FOR HVAC RETURN AIR ACCESSORIES: CUBICLES PROVIDED AT SITE BY OTHERS FURNITURE.: [777774.17 BASE CAB. PRE-FINISHED WOOD BASE CABINET WITH HPL PLASTIC TOP&BACKSPLASH HPL COLOR: �]©L_-FWALL CAB. PRE-FINISHED WOOD WALL CABINET TRIM: PREFINISHED WOOD TRIM AROUND DOORS&WINDOWS specifications,xis 30F <date> DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE 22' (Him.f NEW BUILDING REM )nM RIi5 ROOM cavier. U111.11Y IITI WALIMY 6716* 12JAHMMil2CHAIRS Eraw OFFICE-01 OFFICEA '76. I ON ACCELERATE PAWLS slk 1s NVS1 VS2 wS3 6 wSV W112111AIRS �N Printer,Plot &Plans -------------- it 4� -- 1VS1 VS13 WS 11 ..'VS I I \VS 1 01 9 wss K. 7 L. WS15 e qt10'V521 &Storage Se V, BACK I OFFIC01 \VS28 VS27 WSR rP Vol-I vol.6 u IACC- 'RAIr 3' Aw, 10m, 8110—a Rcst'_j V01-3 VOT-2, Vol-5 VOI-2 rs ce 4Enuan-�'�Iui NITURE LAYOUT- Page 5 of 5 DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE Aitachryre r)t B: Pric:hg Schedule Sustainable SMM T1111'rr ra�% Modular U��j�%�lll�llll/II�U�'h �. /,��a Management PROPOSAL PURCHASE PRICING SCHEDULE: MOM 24'x68' Modular Office Building: 70�7: 9,208_.._....__....... ..._.-....__--.__............................_..._..._...._....._...... _......................... ._.._......_...._.Instlation (Assume Final Utility& ,764Power Connections within 5')_._ .. ..._... . _.. Delivery: 1 $9,558 --____...._..._..---.._.___..__....._._.___.._........_...___......_._.......__.._..__..__......_._......_...._ ____._..__....._._.._____._..._.._........_.-..._-...._._._...______. _._._. Total: 1 $225,530 *PRICE EXCLUDES MAIN DISTRIBUTION PANEL (MCP), TAXES, PAYMENT, AND PERFORMANCE BONDS. SMM is pleased to be providing this proposal and the opportunity to work together in the future. Sincerely, Ben Foster Regional Sales Manager Sustainable Modular Management, Inc. Office: (972) 619-7303 m < e � a as DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE 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 COL Project name and or number must be listed in Description Box of COL 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. DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE 11, 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; m 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. DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE 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 for this agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management- Legal Dept. DocuSign Envelope ID:CD83C2C7-D3B8-40E0-9465-D6C3B784CAFE SMModtilor `N „ Mnagr�mont Modular Building Warranty General Warranty Information Sustainable Modular Management, Inc. (SMM)buildings are warranted for one year, after completion of the project,for defective materials and/or workmanship. SMM will be the warranty coordinator for all warranty work. Contact telephone numbers are included herein for warranty claims as or if they arise. Warranty Claims can be made by phone, however, it is recommended that the customer's representative send an email or fax to confirm each claim. Warranty Claims are to include a date, time, a call-back contact name and number, description of the problem, an indication whether the problem is Urgent(Type 1)effecting building environment such as HVAC issues, Critical (Type 2a)where property could be damaged due to roof or plumbing leaks or Standard (Type 2b)for all other standard claims(see attached Warranty Claim Form). Once SMM receives the Warranty Claim call. SMM will dispatch appropriate personnel to perform the service work in an expeditious manner. Emergencies will be addressed as soon as possible and non- emergency repairs will begin as soon as parts and personnel can arrive at the building to correct the problem efficiently. This Warranty Book provides information concerning the Warranty of the Modular Building provided by Sustainable Modular Management, Inc. i i 11Page 11hone : (972) 619- 7300