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HomeMy WebLinkAboutC2023-222 - 10/10/2023 - Approved DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E SC �a a� H SUPPLY AGREEMENT NO. 4569 Retainers, Restraints, Gaskets and Related Supplies 'Ga �uan<Q 1852 THIS Retainers, Restraints, Gaskets and Related Supplies Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Ferguson Enterprises ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Retainers, Restraints, Gaskets and Related Supplies in response to Request for Bid No. 4569 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response 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 Retainers, Restraints, Gaskets and Related Supplies 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. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 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 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. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E 3. Compensation and Payment. This Agreement is for an amount not to exceed $73,644.52, subject to approved extensions and changes. Payment will be made for goods delivered 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: Amanda Howard Department: Corpus Christi Water Phone: 361-826-1894 Email: AmandaC@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products 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 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid 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. 9. Quality/Quantity Adjustments. Any 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 products 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E 12. Subcontractors. In providing the Goods, 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: Amanda Howard Title: Contract Funds Administrator Address: 2726 Holly Rd, Corpus Christi, TX 78415 Phone: 361-826-1894 Fax: N/A IF TO CONTRACTOR: Ferguson Enterprises Attn: Casey James Title: Sales Address: 221 Junior Beck Dr, Corpus Christi, TX 78405 Phone: 361-289-1977 Fax: 361-289-1968 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E 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. 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E 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. 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. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E CONTRACTOR DocuSigned by; Signature: (AS" 1aVKGS '84P S _. Printed Name: Casey James Title: Project Manager Date: 5/1/2023 CITY OF CORPUS CHRISTI DocuSigned by: r_ ,.- ` M2023-155 Authorized By Assistant Director of Finance - Procurement Council 10/10/2023 10/17/2023 Date: DS DS /s Attached and Incorporated by Reference: Attachment A: Scope of Work ATTEST: DocuSigned by Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Rebecca Huerta City Secretary Incorporated by Reference Only: Exhibit 1 : RFB No. 4569 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E Attachment A: Scope of Work 1.1 General Requirements/Background Information The Corpus Christi Water (CCW) Warehouse needs restraints, retainers, gaskets, and related supplies used for city-wide repairs. Maintaining a stock of these frequently used parts, will assist the CCW Warehouse to be prepared for immediate or as- needed use. The CCW Warehouse facility orders and stores these items needed for daily operations at the City of Corpus Christi as outlined in the Scope of Work. 1.2 Scope of Work A. The Contractor shall provide the retainers, restraints, gaskets, and related goods/supplies as outlined on the Bid / Pricing Schedule on an as-needed basis. B. All contract prices are F.O.B. destination inside delivery to the Corpus Christi Water (CCW) Warehouse. C. The Contractor shall deliver products and those related to retainers, restraints, and gaskets as outlined on the Bid/Pricing Schedule on. D. The Contractor shall ship supplies within two weeks unless CCW is notified of a shortage or manufacturing problem. E. Any product found defective, unusable, or inoperable to the condition, The Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. The contractor must arrange for the return shipment of damaged products. F. Supplies are a generic brand unless a preferred brand is specified that may allow alternates of equal quality for specified branded supplies. G. The Contractor shall provide and report any shortages or delays to the CCW Warehouse Supervisor. Detailing the item number that corresponds to the City, description, number of units shorted with an estimated date of delivery. H. All retainers, restraints, gaskets, and related supplies will be defect free, properly packaged, and shipped to ensure a safe delivery. Page 1 of 2 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E 1.3 Work Site and Conditions The delivery Point of Contact: Robert Presnell Ship To Location/ Physical Address: 2726 Holly Rd Corpus Christi, Texas 78415 1.4 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 ensure it complies with the contract requirements. Page 2 of 2 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-9bl66920A17E lint B: Bid Form ©.mus c © CITY OF CORPUS CHRISTI H CONTRACTS AND PROCUREMENT BID FORM NP'PPoPpPPSE� 1852 RFB No. 4569 Retainers, Restraints, Gaskets and Related Supplies Date: February 21 , 2023 Ferguson Enterprises Authorized . Bidder: Signature: 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 recei t and review of all addenda for this RFB. ITEM DESCRIPTION CITY 1 YR. UOM UNIT PRICE 1 YEAR PART Est. TOTAL PRICE No. Annual /PER QTY Qty 1 KIT 4"MJ ACCESSORY 3343 20 EA $ 20.63 $ 412.60 Non-Specific 6600.04 2 KIT 6"MJ ACCESSORY 3344 100 EA $ 28.42 $ 2,842.00 Non-Specific 6600.06 3 KIT 8"MJ ACCESSORY 3345 24 EA $ 31.17 $ 748.08 Non-Specific 6600.08 4 KIT 10"MJ ACCESSORY 3346 18 EA $ 44.92 $ 808.56 Non-Specific 6600.10 5 KIT12" MJ ACCESSORY 3347 24 EA $ $ Non-Specific 6600.12 46.30 1,111.20 6 KIT 16"MJ ACCESSORY 3348 24 EA $ 75.63 $ 1,815.12 Non-Specific 6600.16 7 GASKET 4'MJ RUBBER 3350 24 EA $ 5.50 $ 132.00 Non-Specific 6649.04 8 GASKET 6'MJ RUBBER 3351 48 EA $ 5.50 $ 264.00 Non-Specific 6649.06 9 GASKET 8'MJ RUBBER 3352 24 EA $ 5.96 $ 143.04 Non-Specific 6649.08 PAGE 1 OF 3 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E 10 GASKET 10" MJ RUBBER 3353 24 EA $ 8.25 $ 198.00 Non-Specific 6649.10 11 GASKET 12" MJ RUBBER 3354 30 EA $ 9.17 $ 275.10 Non-Specific 6649.12 12 GASKET 16" MJ RUBBER 3355 30 EA $ 15.59 $ 467.70 Non-Specific 6649.16 13 GASKET 18" MJ RUBBER 3356 30 EA $ $ Non-Specific 6649.18 16.96 508.80 14 GASKET 20" MJ RUBBER 3357 36 EA $ 18.34 $ 660.24 Non-Specific 6649.20 15 GASKET 24" MJ RUBBER 3358 30 EA $ 22.92 $ 687.60 Non-Specific 6649.24 16 GASKET 30" MJ RUBBER 3359 60 EA $ 53.63 $ 3,217.80 Non-S ecific 6649.30 17 GASKET 36" MJ RUBBER 3349 12 EA $ 60.96 $ 731.52 Non-Specific 6649.36 18 GLAND MJ SOLID 20" 3382 12 EA $ 82.05 $ 984.60 Non-Specific 6670 19 GLAND MJ SOLID 24" 3383 24 EA $ 121.92 $ 2,926.08 Non-Specific 6671 20 GLAND MJ SOLID 30" 3384 30 EA $ 177.38 $ 5,321.40 Non-Specific 6672 21 GLAND MJ SOLID 36" 3386 12 EA $ 303.88 $ 3,646.56 Non-Specific 6673 22 UNIFLANGE 4" FOR C-900 3387 24 EA $ 47.14 $ 1,131.36 FORD 4FA900-C4 23 UNIFLANGE 6" FOR C-900 3388 12 EA $ $ FORD 4FA900-C6 59.41 712.92 24 UNIFLANGE 8" FOR DI 3389 8 EA $ 65.22 $ 521.76 FORD UFA200-C8 25 RESTRAINT 10" FOR C-900 FORD 3392 8 EA $ 125.84 $ 1,006.72 UFR1500-CA-10-1 RET W/ACC 26 RESTRAINT 16" FOR C-900 FORD 3393 20 EA $ 272.09 $ 5,441.80 UFR1500-CA-16-1 RET W/ACC 27 RESTRAINT 12" FOR C-900 FORD 3394 16 EA $ 132.06 $ 2,112.96 UFR-1500-CA-12-1 RET W/ACC 28 RETAINER 4" MJ W/ACC STARGRIP 3396 18 EA $ $ STAR SGDPRK04N FOR DI 37.23 670.14 29 RETAINER 6" MJ W/ACC. STARGRIP 3397 48 EA $ $ STAR SGDPPK08N FOR DI 45.99 2,207.52 30 RETAINER 8" MJ W/ACC STARGRIP 3398 30 EA $ $ STAR SGDPPK08N FOR DI 62.67 1,880.10 31 RETAINER 10" MJ W/ACC STARGRIP 3399 12 EA $ 89.12 $ 1,069.44 STAR SGDPPKI ON FOR DI 32 RETAINER 12" MJ W/ACC STARGRIP 3400 24 EA $ 119.77 $ 2,874.48 STAR SGDPPK12N FOR DI 33 RETAINER 16"MJ W/ACC STARGRIP 3401 12 EA $ $ STAR SGDPPKI 6N FOR DI 214.91 2,578.92 34 RETAINER 20"MJ W/ACC STARGRIP 3402 4 EA $ 354.63 $ 1,418.52 STAR SGDPPK20N FOR DI 35 RETAINER 24"MJ W/ACC STARGRIP 3212 6 EA $ $ STAR SGDPPK24N FOR DI 480.53 2,883.18 36 ADAPTER FOSTER 4" W/ACC 3373 6 97.77 586.62 INFACT CORP 4FA-BC Page 2 o::f3: DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E 37 ADAPTER FOSTER 6"W/ACC 3374 8 EA $ 119.20 $ 953.60 INFACT CORP 6FA-BC 38 ADAPTER FOSTER 8"W/ACC 3375 6 EA $ 164.53 $ 987.18 INFACT CORP 8FA-BC 39 ADAPTER FOSTER 20" W/ACC 3575 4 EA $ 623.69 $ 2,494.76 INFACT CORP 20FA-BC 40 ADAPTER FOSTER 12" 3564 6 EA $ 252.78 $ 1,516.68 INFACT CORP 12FA-BC 41 UNIFLANGE 4" FOR DI PIPE 3910 8 EA $ 47.14 $ 377.12 FORD UFA200-C 4 42 UNIFLANGE 6" FOR DI PIPE 3931 12 EA $ 59.41 $ 712.92 FORD UFA200-C 6 43 UNIFLANGE 8" FOR C-900 PIPE 3954 6 EA $ 65.22 $ 391.32 FORD UFR1500-CA-8-I W/ACC 44 UNIFLANGE 3" FOR DI PIPE 4037 12 EA $ 44.65 $ 535.80 FORD UFA200-C 3 45 BELL JOINT RESTRAINT 4" 5025 12 EA $ 41.91 $ 502.92 PTPVC04 46 BELL JOINT RESTRAINT 6" 5026 24 EA $ 52.47 $ 1,259.28 PTPVC06 47 BELL JOINT RESTRAINT 8" 5027 12 EA $ 87.70 $ 1,052.40 PTPVC08 48 JOINT RESTRAINT 4" FOR C900 5081 45 EA $ 28.66 $ 1,289.70 EZPVCUP04 49 JOINT RESTRAINT 6" FOR C900 5082 100 EA $ $ 34.83 3,483.00 EZPVC U P06 50 JOINTRESTRAINT 8" FOR C900 5083 60 EA $ 51.49 $ 3,089.40 EZPVCUP08 TOTAL COST 73,644.52 PAGE 3of3 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E 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 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. Page 1 of 3 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E 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 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. Page 2 of 3 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E 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 Service/Supply Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:317ED904-499C-47EB-B4CF-95166920A17E ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a one -year warranty or manufacturer warranty on parts. Page 1 of 1