HomeMy WebLinkAboutC2018-044 - 2/13/2018 - Approved B
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teas SERVICE AGREEMENT NO. 1422
HVAC Service for Corpus Christi Fire Department
THIS HVAC Service for Corpus Christi Fire Department Agreement ("Agreement') is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Rapid Air ("Contractor"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide HVAC Service for Corpus Christi Fire
Department in response to Request for Bid/Proposal No. 1422 ("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 HVAC Service for Corpus Christi Fire Department
("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. This Agreement is for 12 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to two additional 12-month periods ("Option Period(s)"), provided, the
parties do so in writing and prior to the expiration of the original term or the then-
current Option Period. The City's extension authorization must be executed by
the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$66,700.00, subject to approved extensions and changes. Payment will be made
for Services completed 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.
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:
2018-044
2/13/18 rm Page 1 of 7
M2018-024 /17
Rapid Air
INDEXED
Gerardo Garcia
Fire Department
361.826.8427
GerardoG@ 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 001 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 a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. Any Services 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. 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
Service Agreement Standard Form Page 2 of 7
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it has clear title to the products and that the products are free of liens or
encumbrances. 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.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. -independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator if
the subcontractors were not named at the time of bid or proposal, as applicable.
In using subcontractors, the Contractor is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
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.
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15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related 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: Gerardo Garcia
Fire Captain
2406 Leopard Street, Corpus Christi, TX 78408
361.826.4515
IF TO CONTRACTOR:
Rapid Air
Attn: Eladio Castaneda
Owner
2101 Leopard Street, Corpus Chirsti, TX 78408
361 .882.2313
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES'9 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,
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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 Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator 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 Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager 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. 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.
20. 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.
21. 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).
22. 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.
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23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. Governing Law. This Agreement is subject to all federal,State, and local laws, rules,
and regulations. 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.
25. 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 Standard Form Page 6 of 7
Approved as to Legal Form 10/2/17
CONTRACTOR zr.:-A2
Signature:
Printed Name: g//' C M514,A.r,l A
Title: D.,),,,-{L
Date: /714i
CITY OF CORPUS CHRISTI
Signature: Or\c�� � 'per -
66
Printed Name: Yr.a, P -r ..z_--
Title: P.-.5 C-a�.v `•y`��C n
Date: •2/ i `-t / 1 &
ATTEST: ah Q- k ' I Ute,ArA
REB CCA 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. 1422
Exhibit 2: Contractor's Bid/Proposal Response \ ,A- 0 B O2
HUK tc,
tY COUNCIL - Ifr8
SECRfTA R
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form 10/2/17
Attachment A: Scope of Work
1. General Requirements/Background Information
The Contractor shall provide on call HVAC Service and Repair for Fire Stations
located throughout the City of Corpus Christi as outlined in this scope of work.
Work will be performed on an as needed basis therefore; no work is
guaranteed under this agreement. All quantities are estimated based on
past needs.
2. Scope of work
A. Service Requirements
1. The Contractor shall have a sufficient number of responsible, trained
personnel qualified to provide the required services.
2. The Contractor shall ensure that all personnel are continuously trained
to meet the latest technology and industry standards.
3. The Contractor shall be responsible for assuring the safety of its
employees, City employees, and the general public during
performance of all services under this contract.
4. The contractor shall assure that all crews are fully and properly
equipped to perform services promptly and safely without delay.
5. All personnel assigned to the City's service agreement account shall
meet all applicable certification requirements of any regulatory
agency having jurisdiction.
6. Contractor will charge a per hour rate charge per trip . No
minimum per hour rate will be charged.
7. All Technicians assigned to the City's service agreement account shall
be registered with the State of Texas in accordance with TDLR and be
clean of TDLR violations three years prior to solicitation date.
8. All personnel assigned to the City's service agreement shall wear a
uniform, including safety equipment and any company issued photo
identification, if issued by the company. The clothing shall be
identifiable with a logo bearing the name of the company visible from
15 feet at all times. All personnel shall be neatly dressed in shirts, safety
shoes, and long pants. Shorts or torn clothing are unacceptable.
Clothing worn shall be suitable for HVAC work in accordance with
NFPA 70E requirements.
9. The Contractor shall be able to perform specified services 24 hours a
day, 365 days per year on an as needed basis. The City will use
Page I of 5
prudent judgment when calling after regular working hours for specific
services.
10.The Contractor must have personnel available to receive work order
requests and/or return phone calls within half an hour of being placed
by the Fire Department.
11. The Contractor shall be on site within two hours or within an agreeable
time frame determined by the Fre Department and the Contractor of
receipt of work order requests.
12. The Contractor shall repair the HVAC deficiencies within 24 hours of
arrival on site or have communicated with the Contract Administrator
of any conditions that may delay work being completed within 24
hours.
13. Contractor shall provide all necessary management, supervision,
labor, equipment, material, transportation, and supplies required to
repair, alter, or construct mechanical systems. All work and services
performed must be accomplished in a manner that meets all
applicable original equipment specifications, trade standards and
provisions, federal, state, and local codes regulations.
B. Service Requests are to be accepted by the following authorized
personnel:
1 . Assistant Chief of Support Services
2. Captain Assigned to Facility Maintenance
3. Battalion Chief during emergency situations
C. Types of services and items covered by this agreement include, but are
not limited to:
1. HVAC installation and repair
2. Ductwork installation and repair
3. Wiring and cables installation and repair
4. Diagnostic test equipment
5. Inspections of equipment
6. Temporary HVAC services to facility. Temporary HVAC equipment to
Fire Stations if need arises
7. Secure HVAC permits as required by city/state codes and ordinances
8. Tools and equipment
9. Supervision of project
10. Manpower
Page 2 of 5
11. Training of Contractor employees for work under this contract
12. Training of Fire Personnel for maintenance of new equipment
13. Preventative maintenance
D. Contractor is responsible for making repair to or replacement of any
material or equipment damaged during the completion of work or as the
result of action or inaction by their staff.
E. Contractor shall dispose of all worn/defective parts, oils, solvents, in
accordance with all applicable laws, rules and regulations as to ensure
the highest level of safety to the environment and public health at no
additional cost to the City.
F. Contractor shall not store worn or defective parts on City premises at the
end of the work day unless otherwise specified by the Contract Manager
or designee.
G. Contractor must clean the work site from debris or hazards at the end of
every work day.
H. Upon completion of service call to the Fire Station, Contractor shall submit
a final work order or repair slip to the personnel on site at time of
completion and shall contain the following information:
1 . Site location of the equipment repair
2. Name, model number and serial number of the equipment repaired
3. Name and model number of any replacement parts
I. Repairs include dl mechanical and all electrical components related to
the operation of the HVAC system.
J. Contractor shall have the ability to repair/replace parts that are
necessary. All materials used must be factory new/unused and free of
defects in materials and workmanship. Repair parts and components
must conform to original equipment manufacturer specification.
K. Contractor shall provide an estimate based on the price schedule for
major repairs, defined as exceeding $1,000.00. Estimates shall include
labor and parts that are in accordance with the contract pricing sheet.
Page 3 of 5
L. If any item of equipment covered under this agreement is deemed non-
repairable by the Contractor, the Contractor shall immediately notify the
Contract Administrator.
M. All air conditioners will require a complete spring preventative
maintenance services to be scheduled by the contract administrator.
N. All furnaces will require a complete fall preventative maintenance
services to be scheduled by the contract administrator.
3. Work Site and Conditions
A. The work shall be performed at the following Fire Stations:
Station Address Zip Station # Address Zip
Code Code
1 514 Belden St. 78401 6 6713 Weber Rd. 78413
2 13421 Leopard St. 78410 7 3722 S. Staples St. 78411
3 1401 Morgan Ave. 78404 8 4645 Kostoryz Rd. 78415
4 2338 Rodd Field Rd. 78414 9 501 Navigation 78408
Blvd.
5 3105 Leopard St. 78408 10 1550 Home Rd. 78416
Station Address Zip Station # Address Zip
Code Code
11 910 Airline Rd. 78412 17 6869 Yorktown Blvd. 78414
12 2120 Rand Morgan Rd 78410 18 6226 Ayers St. 78415
13 1802 Waldron St. 78418 Warehouse 1501 Holly Rd. 78417
14 5901 So. Staples St. 78413 Old St #5 3312 Leopard St 78408
15 14202 Commodores Dr. 78418 EMS Central 209 S. Carancahua 78401
16 8185 State Hwy 361 78418
B. There are approximately 46 different units in operation at the above stations.
Repairs are to be performed on units manufactured by the following companies:
1 . AHRI
2. American Standard
3. Carrier
4. Goodman
5. Grande Aire
6. Lennox
7. Panasonic
8. Payne
9. Rudd
Page 4 of 5
10.TempStar
11 .Trane
12.Other Brands possible
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.
5. Special instructions
A. The Contractor shall report to the station Captain, or to any CCFD
personnel at the station upon arrival. The Contractor will check in on the
Vendor Check In/Out Form. Upon completion of the project, the
Contractor will notify the Captain or other CCFD employee. The Vendor
Check In/Out Form shall be completed at this time to close out the service
call. If the Contractor has to leave the premises to obtain parts or other
materials, station personnel must be notified and these times must be
listed on the form. If station personnel are not available, the Contract
-- - --- Administrator will be contacted as to check in and check out.
B. The Contractor shall submit a final work order or repair slip to the personnel
on site at time of completion and shall contain the following information:
1. Site location of the equipment repair
2. Name, model number and serial number of the equipment repaired
3. Name and model number of any replacement parts
4. The times, in hours, listed on the Vendor Check In/Out Form
C. Invoices shall include itemized records of the following:
1. Work description, location and date of repairs
2. Labor cost with backup as listed on the Check In/Out Form
_ _ 3. Parts and prices with backup
4. Technician's name
Page 5 of 5
Attachment B: Bid/Pricing Schedule
OCITY OF CORPUS CHRISTI
t 1±34
_ BID FORM
4.-u4PURCHASING DIVISION
RFB No. 1422
lin Heating, Ventilating, and Air Conditioning (HVAC)
For Corpus Christi Fire Departments
PAGE 1 OF 1
Dale: rat, /a
Authorized
Bidder: RA6O Q„c_ Signature: - - _Arai
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 Purchasing 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 QTY
On Call Services Markup Estimated
Parts Total
1 Parts including Freon EA $25,000 % -so ' ?2,roe/
Labor Unit Price Total Price
0 Normal Hours (M-F 8:00am-5:00 HR 180
pm) g /S; r••o
4 After Hours 15:01pm-7:59am to HR 60
include holidays) $.� 9;/orr
Preventive Maintenance Services Unit Qty Unit Price Total Price
5 Fall Preventative Maintenance EA 46 Ar0 ^+ 6,70'0
6 Spring Preventative Maintenance EA 46 /fa s , 1"
Total _ 66,70.0 ",
• Include estimated quantity times markup percentage on total price
Page 1 of 1
Attachment C: Insurance Requirements
A. CONTRACTOR'S LIABILITY INSURANCE
I . 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.
2. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property
Management 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 Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises-Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this
not domiciled in Texas) Exhibit.
Employers Liability $500,000/$500,000/$500,000
INSTALLATION FLOATER Value of the equipment
Page 1 of 3
3. 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.
B. ADDITIONAL REQUIREMENTS
1. 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.
2. 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.
3. 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
4. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations, and
activities of or on behalf of the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the
City of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
Page 2 of 3
5. 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.
6. 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.
7. 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.
8. 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.
9. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2017 Insurance Requirements
Purchasing
HVAC Equipment New Installation, Replacement and Repair
11/08/2017 sw Risk Management
Valid Through 09/30/2018
Page 3 of 3
Attachment D: Warranty Requirements
Warranty
A. Covered warranty on new installation shall be one year or better for all
labor and material.
B. Warranty on all repairs shall be 90 days or better for all labor and materials.
Any additional service call to repair deficiencies, previously addressed,
will not be considered for payment.
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