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HomeMy WebLinkAboutC2024-141 - 5/21/2024 - Approved SERVICE AGREEMENT NO. 5755 Purchase and Installation of a Modular Building THIS Purchase and Installation of a Modular Building Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Williams Scotsman, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide the Purchase and Installation of a Modular Building in response to Request for Bid/Proposal No. 5755 (“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 the Purchase and Installation of a Modular Building (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is eight months 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-month 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. 3. Compensation and Payment. This Agreement is for an amount not to exceed $317,817.14, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Gabriel Maldonado Department: Solid Waste Services Phone: 361-826-1986 Email: GabrielM3@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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 10. Non-Appropriation. The continuation of this Agreement after the close of any th fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gabriel Maldonado Title: Contract/Funds Administrator Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone: 361-826-1986 Fax: 361-826-1971 IF TO CONTRACTOR: Williams Scotsman, Inc. Attn: Sandy De La Garza Title: Product Sales Manager Address: 502 S. Clarkwood Rd., Corpus Christi, Texas 78406 Phone: 361-677-1883 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 Fax: N/A 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 Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 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. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Assistant Director of Finance - Procurement Date: _________________________ Attached and Incorporated by Reference: 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. 5755 Exhibit 2: Contractor’s Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 ATTACHMENT A: SCOPE OF WORK General Requirements The Contractor shall provide a 48 x 60 Section Modular Building. The City is seeking a provider that has the depth, breadth, and quality resources necessary to complete all phases of the purchase and installation process. Scope of Work Contractor shall construct the specified modular building as prescribed by the most recent edition of the International Building Code modified for regional design/load conditions; federal, state, and local requirements shall apply. As a minimum the design should include all specification information required by the City’s Solid Waste Services Department to include but not limited to: A. Structural system type B. Multi-unit complex construction plan C. Joined units must maintain a positive alignment of floors, walls, roofs, and allow for Future relocation D. Manufactures specifications for frame E. Floor framing specifications F. Floor finish specifications G. Wall framing specifications H. Interior wall finish specifications I. Door’s specifications and hardware J. Window specifications K. Electrical specifications L. Number of duplex receptacles per room M. Interior lighting specifications N. Emergency lighting and other safety specifications O. HVAC specifications P. Any additional design requirements as requested by the City Contractor shall provide performance specifications of the modular building unit as per attached Exhibit A, Specification Sheet and Exhibit B, Technical Clarifications. Contractor shall deliver and install modular building to following address: City of Corpus Christi, Solid Waste Services 2525 Hygeia Corpus Christi, Texas 78415 Page 1 of 9 Warranty Contractor shall include manufacturer’s standard warranty and one-year Labor Warranty. 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 insure it complies with the contract requirements. Page 2 of 9 EXHIBIT A SPECIFICATION SHEET Size: 48 x 60 Description: Office, Dry, Corpus Christi, TX COMPONENT SUB- DESCRIPTION QUANTITY FRAME OUTRIGGER 12' X 60' - 12"X11.8# I-Beam - Outriggers/Crossmembers @ 4ft O.C. 4 AXLES (4) 2-Brake & 2-Idler New 4 MISC 8” Jr I-Beam Outrigger for Column Support – 12ft Wide Module 8 FLOOR JOIST 2 X 8 #2 SYP or Equal @ 16" O/C w/ Dbl Perimeter 50# Floor Load DECKING 3/4" T&G Advantech INSULATION R-30C Unfaced Fiberglass Battens (Floors) COVERING Floor Tile VCT 1/8" X 12" X 12" MISC. Bottom Board Mobileflex EXTERIOR WALL STUDS 2 X 6 #2 SYP or Equal @ 16" o.c. w/ dbl top & sgl bottom plate - 10' Tall SIDING Smart Panel 3/8" W/ Housewrap COVERING 4’ FRP Over 1/2” MR (VCG Above) ( Ext Wall) COVERING 1/2" Vinyl Covered Gyp w/ wrapped battens - 8' (Ext Wall) INSULATION R-21 Unfaced Fiberglass Batts INTERIOR WALL STUDS 2 X 4 #2 SYP or Equal @ 16" o.c. w/ dbl top & sgl bottom plate - 08' Tall INSULATION R-11 Unfaced Int. Wall @ 8' Tall Restrooms walls only COVERING 4’ FRP Over 1/2” MR (VCG Above) COVERING 1/2" Vinyl Covered Gyp w/ wrapped battens- 8' COLUMNS 2 X 6 X 8' Column - Concealed COLUMNS 2 X 4 X 8' Column - Concealed Page 3 of 9 COMPONENT SUB- DESCRIPTION QUANTITY INTERIOR WALL MISC Wall Extended to Rafters – Approx 2ft Restrooms walls only INTERIOR TRIM COVE BASE Wall Base Vinyl 4” ROOF JOIST 2 X 8 #2 SYP or Equal @ 24" O.C. 20# snow load. Transverse slope MATE BEAM 3-Layer Plywood Beam - 32" INSULATION R-30C Unfaced (W/ Support Netting) DECKING 7/16" Decking for Class C Roofing COVERING EPDM .045 White CEILING 2 X 4 T-Grid – Humiguard -#1729 Ceiling Height @7'-10" WINDOW WINDOW 24 x 52 Vinyl VS - Low E (66) (ADA Sash) 10 BLINDS Mini-Blind – Metal – 24 X 52 10 EXTERIOR DOOR DOOR 36X80 – Telstar W/10X10 Window 2 LOCKSET Deadbolt – Grade 2 – Single Cylinder 2 LOCKSET Passage Lever – Grade 2 2 HARDWARE Closer – Tell 600 Series 2 INTERIOR DOOR DOOR 36X80 Legacy Walnut – Hollow Core – W/ Metal Jamb 10 LOCKSET Passage - Grade 3 - Lever 8 LOCKSET Privacy – Grade 3 - Lever 2 Restrooms HARDWARE Doorstop – Floor Mount (Int. Doors) 10 Page 4 of 9 COMPONENT SUB- DESCRIPTION QUANTITY ELECTRICAL PANEL 1 Ph, Nema 3R, External, 125 Amp 4 RACEWAY EMT W / Green Ground LIGHT Flat Panel - LED - 6200 Lumen 35 LIGHT Flat Panel – 2X2 - LED - 3400 Lumen 2 Restrooms EXTERIOR LIGHTS Exterior 9w LED With Photo Control 2 Emergency Light - Remote Head - Exterior 2 EXIT/EMERGENCY LIGHTS EXIT/EMERGENCY LIGHTS Exit/Emergency Light Remote Capable - Red 2 SWITCH Occupancy Sensor Wall Mount (EMT) 10 SWITCH Occupancy Sensor Ceiling Mount (EMT) 3 Open area RECEPTACLE 20A - Duplex 43 RECEPTACLE 20A - WR For Heat Tape 1 RECEPTACLE 20A - WR GFCI Protected W/ While In Use Cover 4 RECEPTACLE 20A - GFCI Protected Duplex 2 Restrooms RECEPTACLE 20A - GFCI Protected Duplex - Dedicated 3 (2) above countertop, (1) for future fridge on site by others RECEPTACLE 20A – Duplex – Floor Mount W / Plastic Cover 6 Open area, (1) per desk, see floor plan for locations. J-BOXES Powered J-Box Above Ceiling 2 Open area, center of units. PHONE/DATA 2 X 4 J-Box W/ 3/4" Conduit Stubbed Up 20 PLUMBING PIPE Pipe – PEX 3/4" WATER CLOSET Water Closet – Tank Type – Handicap – PEX 2 Page 5 of 9 COMPONENT SUB- DESCRIPTION QUANTITY PLUMBING LAVATORIES Lavatory – Wall Hung - PEX 2 KITCHEN SINKS 15” x 15” S.S. Bar Sink – PEX 1 WATER HEATERS Insta – Hot 1 WATER HEATERS 2.5 – Gallon – Electric Water Heater 1 ACCESSORIES Grap-Bars – Set 2 ACCESSORIES Toilet Paper Dispenser 2 ACCESSORIES Mirror – 18”X 36” W / Clips 2 MISC Ice Marker Valve Box 1 HVAC A/C - WALL MOUNT 3-Ton - 10KW Heat Strip - 1P - W/ PGM T-stat - Bard or Eubank or 4 Equal DUCT Fiberglass Ductboard - 1-1/2" X 11" X 9" DUCT Fiberglass Ductboard - 1-1/2" x 18" X 9" GRILLS Return Grille - 24 X 24 - Perforated Lay-In 24 GRILLS Supply Grille - 24 X 24 Lay-In W/Damper 24 EXHAUST FANS 110 CFM – Ceiling Mount 2 MISC. Coated HVAC coils 4 MISC. Plenum Wall 48 FURNISHINGS CUBILCLE /WORKSTATIONS Furnishing required per workstation as follows: 7 Furniture measuring approx. 2.5’ X 5’ with 1 desk, 1 standard office chair, 1 floor mat, 1 file cabinet, 3 cubicle panels. 1 5ft open shelf. Quote to include pricing for the installation of cubicles. SKIRTING SKIRTING Vented vinyl skirting MISC. MISC. Close-Up STATES STATE APP TX State Approval 2015 IBC / 160 mph wind rating Page 6 of 9 EXHIBIT B TECHNICAL CLARIFICATIONS No. Tasks DELINEATION OF RESPONSIBILITY City Contractor N/A Notes GENERAL CONDITIONS 1 Permits-State X 2 Permits-Building /Construction X 3 Permit-Plumbing X 4 Permit-Electrical X 5 Permits-Occupancy X 6 Permits-Transportation X 7 TAS Review/Inspection X 8 Permits/Applications-Offer X 9 Site Cleanup X 10 Final Cleaning X 11 Restrooms X 12 Project X Supervision/Management City Contractor N/A Notes Design and Engineering 1 Architect/Engineer of Record X 2 Building Engineering/Drawing X 3 Foundation Engineering X 4 Site Plan X 5 Civil & Site Utility Engineering X 6 Storm Water/Erosion Control X Plan 7 Surveying X 8 Locate Building Benchmarks X 9 Soil Testing/Analysis X City Contractor N/A Notes Building 1 Building Manufacturing X 2 Gutters and Downspouts X 3 Furniture/Furnishing/ X As specified per Attachment 1 Equipment 4 Building Signage X 5 ADA Restroom Signage X 6 Final Building Keying / Re-X Keying City Contractor N/A Notes Building Installation 2 Staging / Storage Location X 3 Module(s) Truck Spotting X Page 7 of 9 No. Tasks DELINEATION OF RESPONSIBILITY 4 Block Modular Unit(s) X 5 Anchor Modular Unit(s) X 6 Level Modular Unit(s) X 7 Interior/Exterior Finish Work X 8 Remove Hitches X 9 Remove Axles/Tires X 10 Modular Building Skirting X City Contractor N/A Notes Decks, Steps and Ramps 1 Decks/Ramps/Steps/ Handrails X 2 Awning X 3 Footing/Foundations X City Contractor N/A Notes Site Services 1 Site-Selection, Preparation, X Cleaning, Demolition, Grading, Fill & Compact 2 Site-Pave, Curb, Stripe X 3 Site Condition Management X 4 Site-Landscaping and/or X Lighting 5 Detention/Drainage X 6 Building/Foundation Pad X 7 Fencing X 8 Concrete Side Walks X 9 Concrete Foundation X 10 Site Restoration X City Contractor N/A Notes Electrical 1 Building Electrical Equipment X 2 Electric Service & Connection X 3 Interconnections/ Crossovers X 4 Fire Alarm System X 5 Voice/Data Cabling X 6 Security System X 7 Access Control X City Contractor N/A Notes Plumbing 1 Building Plumbing Equipment X 2 Interconnection / Manifold X 3 Utility Service & Final X Connection Page 8 of 9 No. Tasks DELINEATION OF RESPONSIBILITY City Contractor N/A Notes HVAC/ Mechanical 1 HVA System X 2 Connect HVA Condensation X Lines to Waste Line 3 Functional Test X 4 Certified Test & Balance X Page 9 of 9 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 Including:$1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $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. 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 Page 1 of 3 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. 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 Page 2 of 3 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. No Bonds are required for this Service 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 ATTACHMENT D: WARRANTY REQUIREMENTS Manufacturer’s standard warranty and one-year Labor Warranty.