HomeMy WebLinkAboutC2024-207 - 11/19/2024 - Approved SERVICE AGREEMENT NO. 6010
Worksite Restoration Services
CO P00.PtE�
1852
THIS Worksite Restoration Services Agreement ("Agreement") is entered into by
and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Advanced Paving and Construction, LLC
("Contractor"), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Worksite Restoration Services
in response to Request for Bid/Proposal No. 6010 ("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 Worksite Restoration Services ("Services") in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety, and in accordance with Exhibit 2.
2. Term.
(A) The Term of this Agreement is one year beginning on the date provided in
the Notice to Proceed from the Contract Administrator or the City's Procurement
Division. The parties may mutually extend the term of this Agreement for up to two
additional one-year periods ("Option Periods)"), provided, the parties do so in
writing prior to the expiration of the original term or the then-current Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$186,225.00, 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
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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; 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.
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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.
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
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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: Amanda Howard
Department: Corpus Christi Water
Address: 2726 Holly Rd., Corpus Christi, Texas 78415
Phone: 361-826-1894
Fax: 361-826-4495
IF TO CONTRACTOR:
Advance Paving and Construction, LLC
Attn: Daniel Gonzales
Title: Owner
Address: 4425 Jose Drive, Corpus Christi, Texas 78416
Phone: (361) 739-3869
Fax: N/A
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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.
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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.
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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.
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Approved as to Legal Form October 29, 2021
CONTRACTOR
e
Signature:
Printed Name: �,Va lle�
Title: / u)4
Date: 9�d� M2024-167 Authorized by
Council
11/19/2024
CITY OF CORPUS CHRISTI kHY8
6)Ake—t
Josh Chronley
Assistant Director of Finance - Procurement ATTEST:
Date:
11 /27/2024 Rebecca ffuerfa
Rebecca Huerta
Attached and Incorporated by Reference: City Secretary
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. 6010
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
1.1 General Reg uirements/Background Information
The Contractor shall provide all labor, tools, materials, equipment, and supervision
necessary perform services and to restore worksites after repairs to the utility system
have been made. Work will be assigned on a work order contract basis throughout
the City of Corpus Christi service area. This service shall be provided for Corpus Christi
Water (CCW) and all associated divisions within the department as outlined in this
Scope of Work. All work shall be performed on an as needed basis. The Contractor
shall be able to perform services during regular business hours, Monday to Friday
from 8:00 AM to 5:00 PM, as well as after hours for emergency work, including nights,
weekends, and holidays.
1.2 Scope of Work
1 . The Contractor shall provide restoration service work for CCW that will include,
but is not limited to, concrete flatwork, erosion control, topsoil, sod, fence
repair, and sign and fence relocation.
2. The Contractor shall work closely with CCW to carefully plan, prior to
beginning any work, and fully develop procedures and standards for the work
that will be performed. The Contractor shall consider employee safety,
workmanship standards, and maintaining operations with minimal disruption.
3. Night and weekend work will be allowed, if required, only if agreed and
approved by CCW representative. The Contractor shall provide at least 72
hours advance notice of any scheduled work outside of the normal working
hours.
4. The Contractor shall obtain all required utility clearances. Utilities shall be
marked in the field prior to commencement of work. It shall be the
responsibility of the Contractor to determine the exact location of existing
utilities. It shall be the responsibility of the Contractor to excavate over, under,
and around such utilities. If necessary, the Contractor shall provide a
temporary bridging during the construction process to maintain continuous
service while accomplishing the work orders. It shall be the responsibility of the
Contractor to backfill around the utility facility and to complete construction
in a manner such as to leave the utility facility securely bedded in its original
position.
5. If damages to other existing facilities occur due to the Contractor's work, it will
be the responsibility of the Contractor to repair or pay for the repair of the
damages, at no additional cost to CCW.
Revised 1 1.30.20
1.3 Work Orders
Work Orders will be issued to the Contractor for the location of each repair as
outlined below.
A. Individual work orders will be issued throughout the year with specific
locations and a detailed scope of work. The working time for completion
will be stated in the work order. The working time will be counted from the
time the work order is approved/issued via phone or email.
B. Within three calendar days of receiving a work order, the Contractor shall
mobilize and begin work. The Contractor shall continuously work until all
locations are completed. The location under construction shall be
completed prior to relocating to a new location(s) unless additional
crew(s) are utilized at new location(s).
C. CCW may schedule a mandatory meeting for each work order issued.
This meeting will be required to review utility maps, review the permit, a
site visit, discuss traffic control, plan the details of the work to be
performed, and agree on the schedule of completion of work. Included
in this meeting shall be the coordination of timely notification to
appropriate governing agencies and affected property owners prior to
beginning work.
D. The volume of work orders provided to the Contractor will be at the
discretion of CCW, and dependent on the completion of previous work
orders.
E. Only completed work orders shall be included in the monthly invoice.
F. The Contractor shall be required to provide sufficient equipment and
enough crews to accomplish the work assigned.
G. Scheduling for each individual work order shall be determined by the
Contractor unless otherwise scheduled by CCW. Scheduling each work
order shall be discussed between CCW and the Contractor for each
occurrence prior to commencement of work.
H. The Contractor shall notify CCW via email or phone by 9:00 AM each
working day of the work location(s) for that day.
I. For all work orders, payment will be made on a "per each work order"
basis as priced on Pricing Schedule.
J. The Contractor shall provide sufficient traffic control measures to ensure
safe working conditions and to provide a minimum of inconvenience to
motorists and the public.
K. The Contractor shall comply with the City's Uniform Barricading Standards
and Practices as adopted by the City. Copies of this document are
available through the City's Traffic Engineering Department. The
Revised 1 1.30.20
Contractor shall secure the necessary permit from the City's Traffic
Engineering Department.
L. The Contractor shall be responsible for obtaining the necessary street cut
or right-of-way permits.
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 insure it complies with the contract requirements.
1.5 Special Instructions
Delivery:
The day the restoration repair is completed, the Contractor shall send an email to
CCW staff indicating the date of completion of service. Any extensions shall require
approval from CCW staff.
1.6 Invoicing
1 . All work will be invoiced and paid based on the Pricing Schedule.
2. All invoices shall provide detailed information, including:
i. Service agreement # and/or Purchase Order (PO) number
ii. CCW representative (point of contact)
iii. Location address
iv. Description of service work
V. Total hours billed; overtime hours will include a written approval
by CCW representative
vi. Itemized list of parts/materials
Copy of invoice for parts/materials to verify discount or mark-up.
Revised 1 1.30.20
SC Attachment B - Bid/Pricing Schedule
opu �
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BID FORM
NC011POP 1E9
1852 RFB No. 6010
Worksite Restoration Services
PAGE 1 OF 2
Date: � _o?�' a�a
j Authorized
Bidder: -44,,& gvjna Ci 1 f4C��D/�ignature: r c�
r
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 receipt and review of all addenda for this RFB.
Item Description UNIT 1 YR. Unit Price Total Price
QTY
1 Saw Cut, Remove, and Dispose of LF 200 $ $
Concrete Curb w f 000,
2 Saw Cut, Remove, and Dispose of SF 1,500 $ $
Concrete Sidewalks, Driveways, and
Medians �U �o)Coo, be
3 Saw Cut, Remove, and Dispose of SF 600 $ $
Asphalt Concrete ?0 la can,
4 Flexible Base CY 25
3o b 7 n a od
5 HMAC Type D -Two (2) inches SY 25 $ $
thick 3vC3 7 —o 0. co
6 Prime Coat GA 5 $ S0 pc $ 50 00
7 Concrete Curb and Gutter LF 200 $ (�� 00 $ _ _ __$, ,000.00
8 Concrete Sidewalk SF 500 $ 'jd, o c $
9 Concrete Driveway SF 500 $ 0. p $ S cc c
10 Commercial Driveway SF 500 $ 0 C0 $ o ooc oc
11 Exposed Aggregate SF 50 $ 75, �, �� $ 3 c 00
PAGE 2 OF 2
Item Description UNIT 1 YR. Unit Price Total Price
QTY
12 Concrete Around Valve Collar EA 10 $ -7 -.0 v $
13 Curb Ramp SF 50 $ op $ SRO ov
14 Topsoil CY 200 $ l0 0o $ ono CO
15 St. Augustine Sod SY 200 $ 3() , o c) $
16 Replacement Fence to Match LF 100 $ $
Existing a5 , o o
17 Fence Repair LF 100 $ $
5, o v 0560, o
18 Barricades, Signs, and Traffic EA 20 $ $
Handling 06D• Lob.
19 Miscellaneous Debris Removal CY 20 $
20 Flowable Fill CY 5
21 Cement Stabilizing Sand CY 30 $ 'np $
22 Washing/Cleaning SY 50 $ a$ v $
23 Concrete Meter Vaults (4"-6" CY 50 $ $
thick) with Approved Rebar Size 175.o `$750.oo
and Type LxWxH
24 Landscaping HR 100 $ $ D�
25 Miscellaneous Items (fertilizer, HR 50 $ $
grading, excavating, pressure
washing, etc.
Parts/Materials Est. Mark- Est. Spend +Mark up %
Spend U %
26 Parts/Materials Allowance $5,000 %,
1 Total 1-YR. $ t
Correct price: $186,225.00
� �n
Attachment C - Insurance Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor Agency to commence work until all
similar insurance required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 )
copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation is required on all applicable policies. Endorsements must be
provided with COI. Project name and or number must be listed in Description Box
of COI.
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
POLLUTION LIABILITY $1 ,000,000 Per Occurrence
(Including Cleanup and Remediation)
Revised 1 1.30.20
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 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
Revised 1 1.30.20
• 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 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.
2023 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services- Services Performed Onsite - Pollution
01/01/2023 Risk Management- Legal Dept.
Revised 1 1.30.20
Attachment D - Warranty Requirements
The Contractor shall provide a twelve-month warranty on labor and
materials.
a. During a period of twelve months from the date of final acceptance of
each work order, the Contractor shall make all needed repairs arising
out of defective workmanship or materials, or both.
b. The City shall notify the Contractor via email or phone of any warranty
issues.
c. The Contractor shall make the needed repairs within five calendar days
of receipt of notice. If the Contractor neglects to make or undertake
with due diligence the repairs in question, the City is authorized to make
such repairs at the Contractor's expense.
d. In case of an emergency, where in the City's judgment, a delay would
cause a serious loss or damage, repairs may be made without notice to
the Contractor, and the Contractor shall pay the cost.
Signature: s"WAk gr
Email: citysecretary@cctexas.com