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HomeMy WebLinkAboutC2025-009 - 2/11/2025 - Approved AGREEMENT FOR ACCEPTANCE OF ART BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS ALLIANCE OF INDIGEOUS PEOPLE WHEREAS,the South Texas Alliance of Indigenous People of Corpus Christi (STAIP), a Texas non-profit corporation, desires to commissioning sculptures, shade structures, gathering circles, and related structures, commemorating the Native Americans in Corpus Christi,Texas, NOW, THEREFORE, the City and STAIP, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1.Agreement. This agreement("Agreement") is entered into by and between the City of Corpus Christi,Texas, a home-rule municipal corporation("City"), acting through its duly authorized City Manager or the City Manager's designee ("City Manager") and STAIP. Section 2. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation("Director"). Section 3. Structures. STAIP shall commission professionals to provide professional services in designing, constructing, finishing,transporting, and installing sculptures, shade structures, gathering circles, and related structures which commemorates the Native Americans in Corpus Christi, together known herein as the Artwork("Structures").A representative design of the Structures, including details of the Structures and plan location, is attached to this Agreement as Exhibit A and incorporated herein by reference. Section 4. Term of Agreement. The term of this agreement shall be for five years ("Initial Term") commencing on upon final approval of this Agreement by the Corpus Christi City Council and execution by the City Manager or his designee ("Effective Date"). Section 5. Compensation. STAIP is responsible for all payments for the Structures, including construction, installation, and repair and maintenance. Repair and maintenance is provided in Section 6 of this Agreement. The City has no obligation for the installation,repair, or maintenance of the Structures. Section 6. Repair and Maintenance. STAIP shall provide a maintenance bond, in a form approved by the City Attorney, in an amount sufficient to cover six months of routine maintenance on the Structures, as determined by the approved maintenance schedule. Such maintenance bond must be provided prior to the installation of the Structures and renewed annually with the amount updated based on inflation and the approved maintenance schedule. Section 7. Gift of Structures. STAIP will gift the Structures to the City upon completion and complete installation at Hans Suter Park. Section 7. Location of Structures. The exact location for Structures at Hans Suter Park shall be determined by the Director("Project Premises"). Section 8. Construction of the Structures. STAMP shall comply with all applicable City codes regarding construction and installation of the Structures. SCANNED Section 9. Installation of the Structures. Upon completion of the Structures, STAIP shall send notice to the Director at least 45 days prior to the projected date of installation. STAIP shall not commence any work until all insurance is obtained as required by Risk Manager. STAIP shall provide plans and specifications for installation of the Artwork. STAIP shall be contractually responsible for all completion costs associated with construction and installation of the Structures. STAIP shall be contractually responsible for the physical installation of the and all completion costs associated with the installation of the Structures at the Project Premises. Section 10. Taxes. STAIP is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to services provided by STAIP or with the Structures that are the subject of this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 11. Insurance.At least 14 days prior to delivery of the Structures to City property, STAIP shall notify the City Risk Manager and obtain Insurance as described In Exhibit B required by the City Director of Risk Manager. Section 12. Independent Contractor; Lack of Contractual Authority. A. STAIP shall perform all work and services under this Agreement as an independent contractor and not as an agent,representative, or employee of the City. B. This Agreement does not establish STAIP as the agent or legal representative of the City for any purpose whatsoever, and STAIP is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of, or in the name of,the City or to bind the City in any manner whatsoever. Section 13. Title; Copyright and License to Reproduce. A. Title to the Structures will pass to the City upon final written acceptance from the City Director. B. STAIP shall ensure that the City is granted the right by the artist(s) for an irrevocable license to graphically reproduce all artwork associated with the Structures through photography or otherwise, including, but not limited to,the Structures proposal and all preliminary studies, and to authorize third parties to graphically reproduce, through photography or otherwise, any and all of the same as are desired by the City for any purpose deemed appropriate by the City Manager. The rights granted by this subsection survive the termination of this Agreement. Section 14. Identification Label. STAIP shall prepare, at its own expense, an identification label indicating STAIP's name,the artist's name,the artwork's title, and year of completion for all artwork submitted as part of the Structures. This identification label will be placed near or adjacent to the artwork whenever the artwork is publicly displayed by the City. Section 15. Warranties. STAIP shall ensure that the art for any and all artwork submitted as part of the Structures are warranted by the artist(s) to be designed to last for at least 20 years. Section 16. Risk of Loss. STAIP is responsible for risk of loss or damage regarding the Structures until STAIP has completed installation and the Director has provided STAIP with Director's final written acceptance of the Structures. Section 17. Indemnification. STAIP ("Indemnitor") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the design, fabrication, installation, repair, restoration, maintenance, or removal of the Structures and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The Indemnitor covenants and agrees that, if the Indemnitee is made a party to any litigation commenced by any party other than Indemnitor relating to this Agreement. Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his/her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the Indemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said ability, damage, loss, claim, demand, or action. This provision survives the expiration or earlier termination of this Agreement. Section 19. Collection Management. The City reserves the right to manage its collection of art, including any artwork included with the Structures, for public purposes and, in doing so, may determine that it is necessary to relocate or remove any artwork or part of the Structures or modify the site in or on which they are located. This reservation of rights by the City survives the expiration of this Agreement. Section 20. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy. common carrier, severe inclement weather, and riots or interference by civil or military authorities. Section 21. Venue. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. Section 22. Interpretation. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 22. Notice. A. All notices, demands,requests, or replies provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1)by personal delivery; (2)by deposit with the United States Postal Service as certified or registered mail,return receipt requested,postage prepaid; (3)by fax transmission. B. Notice deposited with the United States Postal Service In the manner described above shall be deemed effective two business days after deposit with the United States Postal Service.Notice by fax is deemed effective upon proof of delivery to the receiving party.All communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks& Recreation P.O. Box 9277 Corpus Christi, TX 78469 IF TO STAIP: South Texas Alliance of Indigenous People Attn: Larry Running Turtle Salazar 1929 Yale St. Corpus Christi,TX 78416 WITH COPIES TO: South Texas Alliance of Indigenous People Attn: Elizabeth Jensen 195 Michelle Ln.,Apt. 104 Groton, CT 06340 South Texas Alliance of Indigenous People Attn: Cindy Lara 1371 Normandy Dr. Corpus Christi,TX 7841 South Texas Alliance of Indigenous People Attn: Kaitlin Frakes 807 E. Caesar Ave. Kingsville,TX 78363 C. Either party may change the address to which notice is sent by using the method set out above. STAIP shall notify City of an address change within ten days after the address is changed. Section 23. Modification or Amendment. Modification or amendment of any of the terms of this Agreement is effective upon written authorization of each of the parties to this Agreement. Signatures on next page. CITY OF CORPUS CHRISTI ATTES : Heather Hurlburt,Assistant City Manager Rebe ca Huerta, City Secretary Approved as to legal form: j) ll(zcz-c 't 11 AUTHORIZED actAh-te,_ ect.uza2t. BY COUNCIL_ 2 -11'?3 Adelita Cavada,Assistant City Attorney SECRE RY SOUTH TEXAS ALLIANCE OF INDIGENOUS PEOPLE By Printed Name: Lay.th y7?vhni r+y►Tip s+10 So./atai. Title: Pre6idevlf Date: ItaXMAILY STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on No„Emein. 2 z, Zo 2..Y , 20 2y , by Larry Running Turtle Salazar as the Director for the South Texas Alliance of Indigenous People, a Texas non-profit corporation , on it .4AEL t HAi;L S GOMEZ public, Slate of Texas C � .."`i\. t ` Comm. Expires 08-14-2027 Seal: '; F Notary in 134508131 Notary Public, State of Texa -_• 0'P-iv -2027 _ m eymi CAMAcc.r s.w.�Z. My Commission Expires Notary's Printed Name Exhibit List: Exhibit A: Representative Design of the Structures Exhibit B: Insurance Exhibit A The Ishka Project Corpus Christi , Texas Purpose, Structures and Specifications 6/24/2024 The Ishka Project The Hans and Pat Suter Wildlife Refuge lies on sacred ground connected to Texas's 2nd largest Native American burial site. The Project consists of a Gathering Circle, 5 Shade Circles, a Statue, and an Entrance Sign. The vision for the Ishka Site is to create ,.. ; # + t spaces in this natural setting in which �'��,., a R q: t. to • , ram . • honor the First People of the ' Coastal Bend, ►, • increase public awareness of r r.' indigenous culture, +'' I`4 t; • • offer unique experiences and ". If recreational opportunities, 4171311L"111111 • be an inclusive space _ . ; • show the connection between Native American spirituality, well- being, and nature. Hans and Pat Suter Wildlife Refuge Structures — Gathering Circle and Shade Circles The Structure walls are The laser-cut wall panels composed of panels and • /! tell the Ishka story. With ;" I _fi� ► IS posts of Corten Steel t - .F! the rafters, they provide which support the ' _` _ - _ 4, ., spaces with shade and Rafters and Circular 1 . t a.., ' 4., seating in which to linger Supports. ' ; or to hold ceremonies. oe Corten steel is self- The largest structure, the rusting, extremely strong, Gathering Circle would and doesn't require 30 Ft. Gathering Circle be located across the maintenance. field from the medicine wheel and near the areas The Rafters, made of where there is space for Timber Tech (or similar), � � dancing and teepees. are supported by parallel i L41.1 .. . Circular Supports. The The Structures include Lower Circular Support recycled plastic benches rests on the Corten steel installed in the cement posts. base. 10 Ft. Shade Circles — 5 each Roof Structures - Circular Supports, Rafters The Roof system for the Structures is composed of Rafters and upper and lower Circular Supports. The Circular Supports are parallel to the base. �; The Lower Circular Support rests on the Corten Steel Posts, following the contour of the structure's perimeter, iho and support the lower end of the 4� # - - . . N. Rafters. One segment of a Lower Circular Support covers a spaced Upper Circular Su or� opening in a Panel wall. 4. pp pp �� O. Iy: Lower Circular Suppor fl The Upper Circular Support, which I / holds the upper end of the rafters, is narrower than the Lower Circular — Support. Gathering Circle Roof Structures — Rafters . , , , ___ --., ..... ')-- �,► - Rafters on the Gathering Circle are � ` �.. - graduated in length and project 12 in. �� 4i1/4" ., beyond the Lower Circular Support. _.10°-. \.-7 - i� /��r► "` \ The rafters project above the Upper ♦ t` � '� J �� Circular Support at graduating lengths. " ,P4 --0 Roof Structures should extend by one _ . do rafter on each end beyond the Post .4 ` S supports. (This is not indicated on the models). Gathering Circle Roof Structures — Spiral Design The two roof structures on the Gathering Circle form opposing spiral curves based on centers that are offset from the center of the 30 Ft. Circle. t rite- it r ' �- r lir30 "' �- The Upper Circular Supports curve inward at the • ,' same time the rafters get longer. 1.-t,T-' - As a result, the longer rafters are higher at their Crf upper ends. ‘V a,t .\II firl /�, / ---.. . IPAt Gathering Circle - Roof System - Shade Circles The 5 Shade Circles use 6 Ft. l Rafters (14 in total) which are _ supported by an Upper and Lower a . Circular Support. Circular Supports are parallel to the ground. The Rafters are of equal length Shade Circle and create a partial oculus at the peak. The Lower Circular Support rests on the posts of 3 Corten Steel Panels. Lower Circular Support �. � A tw . 4 Rafters project ca. 12 inches past the Lower Circular Support. 41,— Upper Circular Support The Shade Circles use the same 4447 fi materials as the Gathering Circles. Lower Circular Support Dimensions 1 �/ - . '.3 Ft. - =7 't .... •�-� -ter 3.�. jogi ...`r # *----P--- t ....4 i ill - v- �r ` 6 Ft open�ng --.-- 1 -.4„,,rite .4 , • . ... .., . _-.4.4$ ft, ... .„-iiors%,- ,, 4 . A kill 4 ?5 Ft. d 4 Gathering Circle Shade Circle 8 Corten Steel Panels and Posts Laser-cut Panels 28 — Corten Steel 3 Ft. x 5 Ft. 28 — Laser cuttings Every Panel will be different 56 — Panel Side Posts 1 - Sign Panel 4 ft. by 7 ft. 2 - Sign Panel Side Posts q Roof Materials - Rafters Rafters — Timber Tech or Similar In the Gathering Circle, Rafters graduate in length. In the Shade Circles, the Rafters are the same length. 5 — Shade Circles 14 — Rafters, 6 Ft. long C Gathering Circle Small Roof Section 13 — Rafters (length, 6 1/2 — 8 1/2 ft.) Large Roof Section 24 — Rafters (length, 51/2 — 9ft.) Entrance Sign The 4 ft. by 7 ft. Entrance Sign is a laser-cut panel, attached to 2 end • .. . v posts in Corten Steel, similar to �` ',-;.-. k '4 . ° d b , the panels used in the Structures. K .moo, ! i e f a I A The Sign would be installed near .Ii } X ' the entrance to the Park from _ , .3Y t c,,, , Honoring the First People t.. ,' ✓ of the Coastal Bend :" Ennis Joslin Road, set in cement t it ,, and surrounded by a setting of � � ' ;4R,. :;: . t� , `" 3�' I cactus or other native plants. 11 Life-sized Statue of Native American Man A Bronze Statue will be installed just beyond the Parking Lot. The bronze finish will be allowed to develop a natural patina and will require no maintenance. The bronze Statue will represent a native man who might have lived by Oso Bay. His V clothing would be a loincloth and his hair would be in braids. The statue will face East with the left hand raised to the rising sun. Slightly larger than life-size and resting on a ' j\ low pedestal of rocks and plants, the statue 1 would be in a central area and approachable , to touch. He represents thousands of years ) of different tribes who lived in the Coastal I j I Bend. Sketch by sculptor, Donna Dobberfuhl 12 Oso Bay _.,..., _ Proposed ISHKA Site a inwp--41, ,, ....• • , • . .,i's.,7....e. ) ..,.1„..:_ig.,.„1. ,.. ....--,4:‘,;,744 r-,, •,, _—- eir,. ,,.:,•,aki- Southeast End of Hans and Pat Sutter Park -. ,i. , —4,-. el). .* 4 .14;, 21 i, • 1 .' i• • i7'., i ,, , , !\'-=-;,:_rt , ,..4.;;A., . •I. .N.ft„,,-,:.•.5,/,....,f..: -itts.,- . , , ..1\4 .4-. . ;), Yz• 1.C!r, , ' ", • '.• Zr, • ' ...'. e,• - . .„ Ill" ir - , ', "-- . , :-,,; c.' - I' ? 40115 Ilk Gatherlad Circle , ' ;Ist -• i„tr 4, - .)'- . ...V', -= i '•.' ‘ •dif k .„. X . Ag.1' '' I%'• ' * 1144S= • .:.i- kl,''-- ' '''' ‘:- ,Z• •-t- 't,,..'t IS)' , t."Itz..,144114):,,,:41-..r.:::,•.:.N,3,,.,4.,1:- = :7:,.iiii:N-4,..: --) Houses Rest of Park E— ,, . , ..,/ /( , , . ' -',..k., • 3, 4-,.: . ‘11'. •" ' .i. ".. ..;..,e. - .;,. •4),r., :t,, .• •- ?,41 ',.. 'lir , 'lc•-k• " , •Ip lc • •" ., r '1140 ,• ' ais '' 'i. - '''.. ::" • '') ''s.\'': : Ae„, 4, .r.•••••• .., . 5 Shade Clrcles 40 ' s '''','N‘''4 ' 'niii; ,-.. :,-,-/ • - - 1,, , ., -. 15,.. cf. 4,- .' '.. .%* ' `‘./.• iltiN, l';:r.1-NZ7li. ' • vtn; ... ,. , • ' . %.".: ' . Statue ??-4 .' :a' .'I •• - . ' 'kfik. ..' .7.4;4% 10:/' ' tr "'•. ,''' ''-'' l''k' ' ''' :t..' N ' Entrance Sign k't-7‘' '''It--• -4* . 1,„ ''-'40'-'',...;*:•-!Y It '' ,'.'.,t.k,)' .._ .4 .4.s, if , , s _,t ,,1 ,,,,.4. • ' '44 As.f,,,, : -.41 ' -...14. I 1 N.. #4(4 .4, . ' +1,„,„ 1,_ ,+.ty`(.„';,•.f','+ 14( -,•,,,, ,'" ' , . . , • + ,......k. •.1 ., .,• , ..;Ir.,'V4.); . "Ill *,* ... 4.: • '4' ''', ' - i''' '.' ) . *- •Al".s' ,....;'',,z%;:q• '''‘ .,t....'N.s .., if. ,. 44 1.,,•:- .' t.• N. "' ° '''.'•ito •—• lit • + ' $t +4, •. ,,,'.4 .'. , 4 , ` -'t ' .., • '7:„.'•-.- ,, ; .„i' ,t‘rf.-4,--.'. ''',01%,' `1,- 'i‘, '. ..., - : . ' ,, 41's t*.,,., #..„ it, ,7•,. 0.,,,-....,..,,••--t,„ . 0(.. ',...,. •=e;se..."';',' , . ', *- . ..1: ert a! ,• f.'7',; rt ,1$*s,, 1.4* '. i: -,, ,), aa, • , ; ,‘_, i ' .8.7.: 4;C:,' -* . • 1 : 4 ' -.A, ,, . ivi, 5 ha 't t . , A. ,er . ,_ ' X ., ,, .., y,',2,... ILA.• - ' • r, ,4-4, ...+, •,.:. . ,\••• 1 i - . :,1,9 • , ... • - • ' .." '''s` —t-,..,' . , ,•• i ,,.13 '•''1., 'i• ‘P..°'‘. '' • . .s 4. •:` • ... '• 4- el,° ., .. . , si•'.' . :.•'' . •e •. ii.i..,„i !Oise ., , .. "IIMMINIIIIIIP '-` .e' ' ',r,ll ild,e 1 ..' Gathering Cire-le •"' ...P i• • `hz,, • , ...?,ti ',it•rit° .,, _, ----. ,'up ' :\ -..t..- . shaJe C rcle '' . ,i, ..-.7.••••Vi,I/ '••••' ?t" e•.; , ,, , v•-" '• i 4i.,1fr. ''' , ib74 .• & . ' . - e - 4 • •Shale C Lie ,. ti: . --,-.2."-•.r.•,...ii .••••C',' •• '' • ' ' , : , - , , . •••••• Ent•an:-Sigr .- -------' - Ennis Joslin Road How ISHKA uses the site rf... '4:-,,-,r.- ...:A• ,,,ifiA, i -. ea-- • , , , ...During the Annual March ' `,��, a,� • „ . ,•10-.. •,.. , . 3„)...1. . ,. . , ¢� \sh,. • e`, . . ,.. ,. 4; ':v..;- - . ,. 4 ."'''`.. N' •,- te• 4..- i'( ' ,v�M,,.§ `' -,t. 3,' ., , ek e.,` Shade Circle Shade Ci�1 ,I4, , and other ceremonies, P `}' • " .•{ •', 'i � i • •e�4j\\d - I !k 4 the areas shown in teal • on the map have been k. ...,„.. . .. .. • f , Statue • * ► t.i used for: ' , , • - • • -K. , . dancing Gathering Circle r- i -t ; i - ' setting up teepees 7' f food preparation. Dancing ''. ' )1\ Shade Circle p p _ y s 1 Ishka members have -1�' • �► ,�•:a ' , enjoyed seeing other • © E Shade Circle _- '' groups performing - #• ceremonies on the site. A4 • Shade Circle They believe all are Teepees ` `• welcome. ,. . n .. , --, `, — Entrance Sign Ennis Joslin Road 14 Orientation is Important The Statue will be oriented facing East with the left hand One entrance of the Gathering Circle raised to the rising sun while will face East, the traditional entrance offering tobacco to the holy in Apache and other Nation's cultures. people. Larry Running Turtle Salazar tells us, "We get our ,s •- e.. blessings from the holy ,� . ;5� :. **,' 4 ri ht as the sun is �`'' ShadeCrc�e s decr , ty,I `. people g - � e r '' ". rising„ 0" , ;/" i-• ,Statue , _ Gathering Circle a► � � "' :�_ \ " Dancing ,':. , • Shade Circle 114:1 r''' '-i , n- \ M 1 r. t;74 '• :11:40• ,-- . pi ,;):t' • . , ..• r--N e - IN ii- c Shade Circle • r � � 1 Teepees J' ..h... . ' . ' ,� .. ..• •,J Entrance Sign ,' L Ennis Joslin Road 1 Panel Topics and Suggested Locations 3-Panel Shade Circles Location Topics Adjacent to Statue History, Larry Running Turtle Adjacent to Statue Native American Practices Near Driveway Donor Panels Walk to Medicine Wheel Medicine Wheel, Teepees By Playground Indigenous Animals, Birds Gathering Circle with series of Panels, 5, 5, 3 Topics Ceremonies, Oso Bay waterscapes, Spiritual Sayings. 16 . , , Mk qv"' • • , — •• ' - •'' r ' V.- . le, •ee .f. .I.1., , • Ilik 4,... , .•!1,,• 4* ' . ,.• ''? .4r ,- . I Ait,.:k * ..,. : * V • 41,14 •4'',. .11‘. of .e • SIP 1, . •e• , 1 ir • •,!.`, * N ., .141',--,e' ‘•4--. :S. .._,..... 4. ,.. too 1 ....law ,• • I 4.. ; P ••., It. ,':;it !•..e4.- „.. 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"' ,,it, : .,„-. • . ,,7i, - - , - i . ., - . -: , - :,:. ;A ' .. 4 .. . - i ,,,16.-- ,, A f • • •• t'"... - - "* -if-.• ,, A --: - . .-xcyt.' r!"4•Ar - , . ... . r .4alikt.4-'..7,t __,:/..r:- . X 4-'' - • .or '' ri -:4 rgi ..1.• ._... r.. ._ rrr...no mirror 1 __. :.471.. • h.qpit."7V ‘ • , i I -.... i iforils... ,,... ,-. - : II V . .,.,.. .I. - 111111.11- •, _ LEVY Rendering from Levy Dykema, Architects, for the Ishka Project 18 ISHKA Honoring the First People of the Coastal Bend Lam` t & For more information Candace Held 860-234-7031 cheld@earthlnk.net 19 EXHIBIT B INSURANCE REQUIREMENTS 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 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 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. 2024 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services—Services Performed Onsite 01/01/2024 Risk Management—Legal Dept.