Loading...
HomeMy WebLinkAboutC2023-258 - 12/5/2023 - Approved DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID:DFD5000B-B322-48DA-97DB-BD41 DAAESADE ,gyVS C,�` a� � SERVICE AGREEMENT NO. 5505 v Parts and Services for CCFD Firefighting & Medic Units N�OflPORP}E 1852 THIS Parts and Services for CCFD Firefighting & Medic Units Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Siddons-Martin Emergency Group, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Parts and Services for CCFD Firefighting & Medic Units in response to Request for Bid/Proposal No. SS 5505 ("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 shall provide Parts and Services for CCFD Firefighting & Medic Units ("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. 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. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1,200,000.00, 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: Service Agreement-Parts and Services (Siddons-Martin) Page 1 of 7 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID:DFD50006-13322-48DA-97DB-BD41 DAAE5ADE City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, TX 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: Tracey Escalante Corpus Christi Fire Department Phone: 361-826-3994 Email: TraceyE@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. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not Service Agreement-Parts and Services (Siddons-Martin) Page 2 of 7 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID: DFD5000B-B32248DA-97DB-BD41 DAAESADE accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject 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-Parts and Services (Siddons-Martin) Page 3 of 7 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID: DFD5000B-8322-48DA-97DB-BD41 DAAE5ADE 12. Subcontractors. In performing the Services, the 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 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: Tracey Escalante, Contracts/Funds Administrator 2406 Leopard St., Suite 300, Corpus Christi, TX 78408 Phone: 361-826-3994 Fax: N/A IF TO CONTRACTOR: Siddons-Martin Emergency Group, LLC Attn: Troy D. Harrison, Vice President - Service Division 1362 E. Richey Road, Houston, TX 77073 Phone: 281-442-6806 Service Agreement-Parts and Services (Siddons-Martin) Page 4 of 7 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID:DFD5000B-6322-48DA-97D6-BD41DAAE5ADE 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. Service Agreement-Parts and Services (Siddons-Martin) Page 5 of 7 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID:DFD5000B-8322-48DA-97DB-BD41 DAAESADE 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, followed by its exhibits, if any, then, 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-Parts and Services (Siddons-Martin) Page 6 of 7 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID: DFD50006-6322-48DA-97DB-BD41 DAAE5ADE 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 Docusigned by: V'b �aVY'iSbin.. Signaturefi : T Printed Name: Troy Harrison Title: vice President of Service Date:11/27/2023 Res.033233 Authorized By ,GLT.YuQ,FedQ:ORPUS CHRISTI Council F7-@5+4SDC-.j84-E _.. Josh Chronley Er-;/sAssistant Director of Finance - Procurement Date: 12/7/2023 rA 11Xgo:as to form: A4 (w,� 12/6/2023 ��` ATESsT Assistant City Attorney Date 0,;. �gned by: Attached and Incorporated by Reference: Rebecca Huerta Attachment A: Scope of Work City Secretary Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. SS 5505 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement—Parts and Services (Siddons-Martin) Page 7 of 7 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID:DFD5000B-B322-48DA-97DB-BD41DAAE5ADE Go4ytJs ATTACHMENT A: SCOPE OF WORK v Y 1852 1. Labor and Repair Time: A. The City will notify the Contractor by E-Mail and/or phone call of vehicles being towed or to be delivered to the Contractor for repairs. B. The City will use its authorized contracted towing services company to deliver the vehicle to the Contractor's shop, at this point the timeframe which to complete repairs begins. The Contractor will be required to repair all equipment within the time frames noted in this scope. C. On the same day the vehicle is received, the Contractor shall send an email to Corpus Christi Fire Department Fleet Operations Manager or designated staff representative indicating the date the vehicle was received and the estimated completion time of the service. This email shall also include a description of the vehicle received and the vehicle identification number. D. All repairs, including warranty repairs, must be completed within the time specified below for Minor Repairs or Major Repairs, as applicable. E. The Fleet Operations Manager or designated staff representative must approve any requests for extension of the time for completing repairs in writing. F. Requests for repair extension(s) must be made in writing and include an explanation detailing the need for the extension no later than the close of business of the third business day after receipt of vehicle. If the reason for delay is unavailability of parts, Contractor must submit proof with its request for extension that it took prompt action to request parts. G. The Contractor shall notify City the day the repairs are completed by sending an email to Corpus Christi Fire Department Fleet Operations Manager or designated staff representative. This email shall include a description of the vehicle, the date the vehicle was received by Contractor and the vehicle identification number. H. Upon completion of repairs the City will pick up the vehicle from the Contractor. I. All repairs must be completed within the time frames established below, whether performed by the Contractor or by Contractor's Subcontractor. Page 1 of 4 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID:DFD5000B-8322-48DA-97DB-BD41 DAAE5ADE • Minor Repairs, defined as repairs not exceeding $3,000 for all parts and labor, shall be completed within 3 business days. • Major Repairs, defined as repairs exceeding $3,000 for all parts and labor shall be completed within 7 business days. J. The Contractor shall get pre approval in writing by Operations Manager or designated staff representative for vendor subcontracted outside labor. K. All subcontracted labor must be performed by an approved factory authorized dealer. i. All repairs must be completed within the time frames established whether by the Contractor or Contractor's subcontractor. L. Charges for subcontracted labor must be supported by a copy of the outside vendor's invoice attached to the Contractor's invoice for payment to City. 2. Labor and Repair Time-Subcontractor: A. The Contractor subcontracting repair work must be preapproved, in writing, by CCFD Fleet Operations Manager, or designated staff representative, before any work commences. Request must include subcontractor's quote breaking out subcontractor's hourly rate and cost for parts. B. All subcontracted work must be performed by an approved/authorized factory dealer. C. The Contractor will sublet work to authorized approved subcontractor only when absolutely necessary and all internal resources of the Contractor have been expended and when the lack of tooling and expertise to perform a particular task becomes a factor. 3. Parts: A. The Contractor is required to maintain a stock level of parts which, within the industry, are considered to be fast-moving, normal wear items for which two demands have occurred within the most recent 180-day period. B. All costs associated with shop supplies, core charges, environmental fees or any other expenses incurred in fulfilling services included in this contract are to be included in the Contractor's price. C. Invoicing for parts exceeding the suggested OEM retail price will not be accepted. Page 2 of 4 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID:DFD5000B-8322-48DA-97DB-BD41 DAAESADE D. Charges for overhaul or rebuild of components (i.e., hydraulic pumps, hydraulic cylinders, auxiliary drives, ejector panels, etc.) shall not exceed 65% of acquisition cost for a new item which meets or exceeds the specifications, unless otherwise approved in writing by the Fleet Operations Manager or designated staff representative. E. Any materials or parts used in complying with the contract must be equal to or better than original equipment. F. The Contractor shall allow City to return unused, purchased parts and credit City's account during the contract period, when such parts have become obsolete for City's needs, provided that these items are in the original cartons and in marketable condition. The credit shall be in the same amount as City originally paid for the part.The Contractor shall not apply any restocking or other fees. If City is at the end of the contract term, City may request a refund in place of the credit, and the Contractor shall pay same within 30 days of City's request, by check made payable to the City of Corpus Christi and addressed to the Corpus Christi Fire Department Fleet Operations Manager or designated representative at 1501 Holly Rd., Corpus Christi, TX, 78417. G. The Contractor shall provide copies of all invoices for parts/materials (to verify cost and markup %). 4. Replaced Parts: All parts which have been replaced and billed must be available for inspection by City. Upon the City's request, replaced parts shall be returned/delivered to the City's fleet facility. 5. Invoices, Shipping, Delivery and Freight: A. The City is not responsible for invoices not submitted and/or received beyond 60 days old. B. Stocked inventory parts will be delivered within 7 business days. C. Fabricated, manufactured or made-to-order parts will be delivered within four to six weeks, unless agreed upon in writing by Corpus Christi Fire Department Fleet Operations Manager. D. The City will pay all freight shipping costs for orders placed using ground shipping. Page 3 of 4 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID:DFD5000B-8322-48DA-97DB-BD41 DAAE5ADE E. The Contractor will invoice the City for shipping charges at cost for items with special freight charges, only when the expedited delivery is requested and approved in writing by the City. 6. Warranty The Contractor will warrant all parts and labor for a minimum of 6 months or longer if the manufacturer warranty states. This includes all work sublet. Page 4of4 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID: DFD5000B-B322-48DA-97DB-BD41DAAE5ADE ,SUS Com` O Attachment B - Pricing Schedule City of Corpus Christi H�ORpuPIO Quote Form 1852 1 . Refer fo "Sample Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, include freight, for each item. 3. In submitting this quote, vendor certifies that the prices in this quote have been arrived of independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard fo prices. Item DESCRIPTION UNIT UNIT PRICE Markup % 1 * Labor Rate HR $ 139.50 2 Pump Testing EA $ 400.00 3 Travel Rate HR $ 85.00 4 Parts Cost 67% I 5 Sublet Work Cost 15% I 6 Shipping (Ground Freight) Cost 7 Shipping (Expedited) Cost F-1 3 YR TOTAL NOT TO EXCEED $ 1,200,000.00 * Siddons Martin will provide an hourly labor rate of$139.50 for the first year.Siddons Martin will increase labor rates by 5% by 5% annually, beginning on the second year. These rates would also cover emergency call outs and requests before Sam and after 5pm - Monday through Sunday. COMPANY: Siddons MArtin Emergency Group LLC NAME OF PERSON AUTHORIZED TO SIGN: Troy Harrison _ ADDRESS: 1362 E Richey Rd _CITY/STATE/ZIP: Houston TX 77073 _ PHONE: 281-442-6806 EMAIL: tharrison@siddons-martin.com FAX: DOCUS 9ned byb DATE: 11/27/2023 SIGNATURE: fiV'6t (k"Wk, TITLE: vice President of service Page 1 of 2 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID:DFD50006-6322-48DA-97DB-BD41 DAAE5ADE THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES.TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page 2 of 2 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID: DFD5000B-B322-48DA-97DB-BD41 DAAE5ADE Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor,to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance 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 endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property cancellation, non-renewal, material Damage change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 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 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID: DFD500013-13322-48DA-97DB-BD41 DAAE5ADE WORKERS'S COMPENSATION Statutory and complies with (All States Endorsement if Company is not Part II of this Exhibit. domiciled in Texas) $500,000/$500,000/$500,000 Employers Liability Garage Keepers Legal Liability $2,000,000 Cargo/On Hook Towing Coverage $2,000,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Il. 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 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 renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit 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 DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID: DFD5000B-B322-48DA-97DB-BD41 DAAE5ADE 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, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, 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, cancellation, non-renewal, material change or termination 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 cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) 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 contract. DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID: DFD500013-13322-48DA-97D13-BD41 DAAE5ADE 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 contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. No bond is required for this service agreement; therefore, Section 5 Insurance; Bonds, subsection (B) is null and void. 2022 Insurance Requirements Ins. Req. Exhibit - CCFD Emergency Vehicles Repairs, Parts and Services 04/21/2022 Risk Management - Legal Dept. DocuSign Envelope ID:803AB509-86F9-4F24-8236-4231 FBA21638 DocuSign Envelope ID: DFD5000B-B322-48DA-97DB-BD41DAAE5ADE Attachment D: Warranty Requirements All parts and labor are warranted for purpose and fitness from the date of the invoice. In order to recover against any warranty, the City must return the vehicle to the Contractor for all warranty repairs. Failure to return the vehicle cancels all warranties provided. The Contractor will warrant all parts and labor for a minimum of 6 months or longer if the manufacturer warranty states. This includes all work sublet.