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HomeMy WebLinkAboutC2025-024 - 2/25/2025 - Approved /934 s e lli '? "" SERVICE AGREEMENT NO. 6334 U <4°- '12 r Replacement of Boat Docks at the Marina 1852 THIS Replacement of Boat Docks at the Marina Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Florida Floats, Inc., dba Bellingham Marine ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Replacement of Boat Docks at the Marina in response to Request for Bid/Proposal No. 6334 ("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 Replacement of Boat Docks at the Marina ("Services") in accordance with the attached Scope of Work & Fees, 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 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 to complete performance, provided, the parties do so in writing prior to the expiration of the original term. 3. Compensation and Payment. This Agreement is for an amount not to exceed $218,960.00, 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 Attachment A. 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, 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: SCANNED Liza Elizalde Parks & Recreation Dept. Phone: 361-826-3026 Email: Lizan@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 B, 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 B, 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 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. Service Agreement- Marina Dock Replacement (Bellingham) Page 2 of 7 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items, 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 C by the manufacturer, for the period stated in Attachment C. Attachment C 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 shall perform the Services and 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. Service Agreement-Marina Dock Replacement (Bellingham) Page 3 of 7 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 with 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: Liza Elizalde, Parks & Recreation Dept. 400 Mann St., Suite 200, Corpus Christi, TX 78401 Phone: 361-826-3026 Fax:361-883-0676 IF TO CONTRACTOR: Florida Floats, Inc., dba Bellingham Marine Attn: Matthew Anderson, Manager of Project Development 2014 Dennis Street, Jacksonville, FL 32204 Phone: 850-459-4240 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 Service Agreement- Marina Dock Replacement (Bellingham) Page 4 of 7 OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to 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; Service Agreement-Marina Dock Replacement (Bellingham) Page 5 of 7 C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (Signature Page Follows) Service Agreement-Marina Dock Replacement (Bellingham) Page 6 of 7 CONTRACTOR Je f fie Tratt Signature: Jeffrey ra.[!Fr,'3222,12%SEST, Printed Name: Jeffrey Pratt Title: Vice President Date: 02/26/2025 CITY OF CORPUS CHRISTI ATT€ST a REBECCA HUERTA Sergio V asa a CITY SECRETARY, Director of FinancelI & Procurement Date: 3` U I ` . d S S%0335`� AUTHORIZED Attached and Incorporated by Reference: BY COUNCIL ?=.5 Attachment A: Scope of Work & Fees Attachment B: Insurance and Bond Requirements SECRETARY Attachment C: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 6334 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement-Marina Dock Replacement (Bellingham) Page 7 of 7 Attachment A-Scope of Work& Fees Bellingham MARINE Florida Floats, Inc. 2014 Dennis Street (904) 358-3362 dba Bellingham Marine Jacksonville, FL 32204 FAX(904) 354-4818 The wo.id's Most Comprehensive www.bellingham-marine.com Manna Builder [February 11, 2025] COOPER'S ALLEY BOAT RAMP DOCKS --- „ _._ _ �,�P p. =,Y IfiO�.�.,...�..�^... .e.d". .9"-- _ ~_ Jam. cs .11 l+l �1 'fir NL 11 1�_ i `fir— 43 +t�1Wit h ti� 11 ,`\ P' _ !. ‘ ems. f • PROJECT NAME: Cooper's Alley Boat Ramp Docks Bellingham BMI CONTACT: MARINE ® Matthew Anderson 2014 Dennis Street, Jacksonville, FL 32204 Ph: 850-459-4240 THE WORLD'S manderson@bellingham-marine.corn MOST COMPREHENSIVE MARINA BUILDER Initials / 1 Buyer BMI 190426 Cooper Alley Boat Ramp Docks February 11, 2025 Unifloat® Supply& Installation Proposal February 11, 2025 Jonathan Atwood I Marina Manager Corpus Christi Marina Corpus Christi, TX 400A N. Shoreline Boulevard Lawrence Street T-Head Corpus Christi, TX 78401 Re: Cooper's Alley Boat Ramp Project— Unifloat® Floating Dock System Dear Jonathan, Thank you for the opportunity to present our quotation for the Cooper's Alley Boat Ramp Floating Dock Replacement Project in Corpus Christi, Texas. The purpose of this written proposal is to present our offer to perform the work identified in this proposal. Our Quoted Price is: Two Hundred Eighteen Thousand, Nine Hundred Sixty Dollars ($218,960.00). F.O.B.: Corpus Christi, Texas. SECTION 1. The following items in this Section 1 are included in our proposal: 1 .1. SHOP DRAWINGS — signed and sealed by an engineer in the state of Florida. 1 .2. CONCRETE UNIFLOATS° - which, when assembled in the water will make up the following: . Two (2) each 7' x 42' Hinged Concrete Floating Dock with 18" Freeboard. 1 .3. FABRICATED, TREATED (CCA) WOOD WALER SYSTEM - all walers to be Southern Yellow Pine, No. 1. Including double a single 3" x 10" SYP walers with a 2" x 10" Cover Board. 1.4. WEARDECK WALER COVER — includes a 5/4" synthetic deck board waler cover, color TBD by owner. 1 .5. STAINLESS STEEL WELDMENTS - including 2 each 16' End Pile Guides and Float Module Hinge Connections. Pile guides are for use with existing 16" Steel Pipe Piling. Initials / 2 Buyer BMI 190426 Cooper Alley Boat Ramp Docks February 11, 2025 1.6. STAINLESS STEEL THRU-RODS — includes a single row of 3/4" Grade 304 Stainless Steel thru-rods with dock washers, lock washers, and Hex Nuts. 1.7. CLEATS — includes 24 each 15" ALMAG Cleats with galvanized attachment hardware. 1.8. VINYL FENDERING AND CORNER BUMPERS — dark gray in color. 1.9. FLOAT GROUNDING HARDWARE — includes a 5/4" x 6" synthetic deck board and 3" x 6' piece of D-Fendering on both ends of each float module. 1.10. PEDESTRAIN GANGWAY RAMPS — includes 2 each 6' x 20' Aluminum Bridges to match the existing ramps. 1.11. ASSEMBLEY AND INSTALLATION OF DOCK SYSTEM. — to be done during current marina rebuild project. 1.12. LOADING AND SECURING ON OUR TRUCKS WITH FREIGHT PREPAID TO CORPUS CHRISTI, TEXAS. 1.13. SALES TAX. SECTION 2. All items and quantities not specifically included in Section 1 above are specifically excluded from this proposal. Excluded items include, but are not limited to, the following: 2.1. PILE, PILE CAPS, OR PILE DRIVING. 2.2. CRANE FOR OFFLOADING OF CONCRETE DOCKS. 2.3. DREDGING OR SITE WORK. 2.4. MARINA UTILITY EQUIPMENT OR INSTALLATION. 2.5. SEAWALL REPAIRS OR SCOPE. 2.6. PERMITS AND LICENSES. 2.7. DEMO OR DISPOSAL OF EXISTING DOCKS. SECTION 3. Other provisions: 3.1. FREEBOARD: The concrete Unifloats® included in this proposal are calculated to maintain a freeboard of 18", plus or minus 1". 3.2. DESIGN CRITERIA: Bellingham Marine ("BMI" or "Seller") has based its proposal upon design criteria furnished by Buyer, which includes site conditions relative to wind and wave exposure. If this design criteria is incorrect, BMI will be entitled to an adjustment in the contract amount, time for completion, or both. Unless otherwise provided herein, the Unifloat® system described above will be for a maximum one-foot wave environment. 3.3 UTILITIES: N/A, no provisions for utilities will be made. Initials / 3 Buyer BMI 190426 Cooper Alley Boat Ramp Docks February 11, 2025 3.4 SHIPMENT: Will occur within 20 weeks after receipt of approved shop drawings, based on our current production schedule. Production of concrete Unifloats®cannot commence prior to receipt of approved shop drawings. In the event of any project delay caused by Buyer which is greater than thirty (30) days, Buyer shall pay BMI for all work completed and stored. Storage fees will accrue at the rate of 1.5% of the price quoted above, per month, commencing on the 31st day of delay. 3.5 WARRANTY: BMI warrants that the individual concrete Unifloat®modules will be free of defects in materials and workmanship for a period of five (5) years from date of shipment, and that all other dock components (including, but not limited to, walers, weldments, filler slabs, hardware, and fiberglass components) will be free of defects in materials and workmanship for a period of one (1) year from the date of shipment. If within the warranty period the materials are found to be defective, the Buyer must provide written notice of such defects within ten (10) days from the date the defects are discovered. Buyer's sole and exclusive remedy for defective materials and workmanship is limited to the repair or replacement of the defective item by Seller. Seller is not liable for consequential or incidental damages resulting from such defects. SELLER HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Unifloat® system is intended to be free-floating and located in protected installations such as those that exist behind a permanent fixed breakwater or floating concrete wave attenuator furnished by BMI. Specifically excluded from this warranty is disrepair, loss, liability, deterioration, or other damage to the Unifloat® system or its component parts and equipment as a result of any of the following: (i) conditions exceeding the Design Criteria; (ii) an anchoring system which fails to meet the minimum design working load capacity requirements identified in BMI's shop drawings; (iii) piles that are out of plumb; (iv)the expansion and contraction of surrounding ice; (v) contact with moving ice and other floating debris; (vi) abuse, misuse, accident, neglect, grounding, or improper or insufficient maintenance (including failure to keep pile free of ice); (vii) damage to the Unifloat® system or its component parts during installation when not installed by BMI;or(viii) repair or alteration by any person not authorized by BMI. In the event any bonds are provided for this project, the bonded duration of this warranty shall be one (1) year. We hope this proposal contains sufficient detail to permit your fullest evaluation. Please feel free to contact us at any time for further information. Sincerely, ��11 nateitzut TZaderzllot Manager of Project Development Florida Floats, Inc., dba Bellingham Marine Initials / 4 Buyer BMI 190426 Attachment B - 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 Administer 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 all applicable policies. 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 change Damage or termination required on all certificates and Per occurrence - aggregate policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $1,000,000 Aggregate 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 WORKERS' COMPENSATION Statutory and complies with (All States Endorsement if Company is not Part II of this domiciled in Texas) Exhibit. Employers Liability $500,000/$500,000/$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence Page 1 of 3 RIGGERS' LIABILITY $1 ,000,000 Per Occurrence PROTECTION AND INDEMNITY $1,000,000 Per Occurrence MARINE GENERAL LIABILITY $1,000,000 Per Occurrence Note: Other Required Coverages May Be Included Under Marine General Liability Policy U.S. LONGSHORE AND HARBOR WORKERS Per Statute COMPENSATION ACT USL&H JONES ACT $1,000,000 Per Occurrence 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. 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 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 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 Page 2 of 3 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. 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. 2025 Insurance Requirements Exhibit Marina - Cooper's Alley Boat Ramp Docks (Two) Replacement 1/28/2025 Risk Management - Legal Dept. Page 3 of 3 Attachment C- Warranty Requirements BMI warrants that the individual concrete Unifloat® modules will be free of defects in materials and workmanship for a period of five (5) years from date of shipment, and that all other dock components (including, but not limited to, waters, weldments,filler slabs, hardware, and fiberglass components) will be free of defects in materials and workmanship for a period of one(1)year from the date of shipment. If within the warranty period the materials are found to be defective, the Buyer must provide written notice of such defects within ten (10) days from the date the defects are discovered. Buyer's sole and exclusive remedy for defective materials and workmanship is limited to the repair or replacement of the defective item by Seller. Seller is not liable for consequential or incidental damages resulting from such defects. SELLER HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Unifloat®system is intended to be free-floating and located in protected installations such as those that exist behind a permanent fixed breakwater or floating concrete wave attenuator furnished by BMI. Specifically excluded from this warranty is disrepair, loss, liability,deterioration,or other damage to the Unifloat®system or its component parts and equipment as a result of any of the following: (i)conditions exceeding the Design Criteria; (ii) an anchoring system which fails to meet the minimum design working load capacity requirements identified in BMI's shop drawings; (iii) piles that are out of plumb; (iv) the expansion and contraction of surrounding ice; (v) contact with moving ice and other floating debris; (vi) abuse, misuse, accident, neglect, grounding, or improper or insufficient maintenance (including failure to keep pile free of ice); (vii) damage to the Unifloat® system or its component parts during installation when not installed by BMI; or (viii) repair or alteration by any person not authorized by BMI. In the event any bonds are provided for this project,the bonded duration of this warranty shall be one(1)year.