HomeMy WebLinkAboutC2018-052 - 2/20/2018 - Approved B
� t.a SERVICE AGREEMENT NO. 57433
TRAK Equipment Maintenance of the
1852 Fuel Management System for Fleet Maintenance
THIS TRAK Equipment Maintenance of the Fuel Management System for Fleet
Maintenance Agreement ("Agreement') is entered into by and between the City of
Corpus Christi, a Texas home-rule municipal corporation ("City") and TRAK Engineering,
Inc. ("Contractor'), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide TRAK Equipment Maintenance of the
Fuel Management System for Fleet Maintenance in response to Request for
Bid/Proposal No. N/A ("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 TRAK Equipment Maintenance of the Fuel
Management System for Fleet Maintenance ("Services") in accordance with the
attached Terms and Conditions, 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.
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 nine 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
$7,553.00, 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
"'^^�•'�'^ '^• ^^^oval of all phases of performance and operations under this
2018-052
2/20/18 Page 1 of 7
Res. 031368
TRAK Engineering Inc.
INDEXED
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Tambra Lynn Milot
Department: Fleet Maintenance Services
Phone: (361) 826-1902
Email: TambraL@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.
46) In the event a payment bord, a performanco bond, or both, arc required of
the Contractor to bo provided to the City undor this Agreement before
performance can commence, the terms, conditions, and amounts required in the
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 it 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.
Page 2 of 7
8. y.
{A) The Contractor warrants that all products supplied under this Agreement
arc new, qualify items that aro 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.
warranted by tho 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
et 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. AH 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.
Page 3 of 7
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.
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: Tambra L. Milot
Title: Functional Analyst
Address: 5352 Ayers, Bldg 3B, Corpus Christi, Texas 78415
Phone: )361) 826-1902
-- - Fax: (361) 826-4378
IF TO CONTRACTOR:
TRAK Engineering, Inc.
Attn: Katherine Blyth
Title: Vice President
Address: 2901 Crescent Dr., Tallahassee, Florida 32301
Phone: (850) 878-4585
Fax: (850) 656-8265
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
Page 4 of 7
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 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
Manager may also terminate this Agreement upon 21 hours written notice to tho
Contractor for failure to pay or provide proof of payment of taxes as sot 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:
Page 5 of 7
A. Attachment A
B. this Agreement excluding attachments and exhibits);
C. all other attachments;
D. the bid solicitation document including any addenda (Exhibit 1); then,
E. 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.
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)
Page 6 of 7
CONTRACTOR
Signature: .tidclAnir.e AW.
.
Printed Name: Katherine Blyth
Title: Vice-President
Date: January 21, 2018
CITY OF CORPUS CHRISTI
Signature: T(\may--- . °-Q_
Printed Name: - ko_G r..---_- --
Title: Pr v c�.r.o M. �.c... ,c �
Date: a- A t I t
ATTEST: `e�.!A. krAPV17A
RE ECCA HUERTA
APPROVED ATO LEGAL FORM CITY SECRETARY
Ai1Ak. Q AV( = 7421) 1
Assistant City Attorney
•Bl.....0 13fiuKii.,..
Attached and Incorporated by Reference: 8
Attachment A: Scope of Work
�Y COtINCII......_.,,.
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements SECRETAR
gl-
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. N/A
Exhibit 2: Contractor's Bid/Proposal Response
Page 7 of 7
Attachment A: Scope of Work
CIIIIIIIIIIIIIenAKng.coin
MEMBER
Corporate Sales: :wi Crescent Drive, Tallahassee,FL 32301enzei Fuel Managenent nj
PH 850_878-4585 FAX 850.656.8265 www.trakeng.corn geefuS Since 1981
August 21, 2017
City of Corpus Christi erlindaAcctexas.com
Maintenance Services
Attn: Erlinda Klubertanz
PO Box 9277
Corpus Christi, TX 78469-9277
Dear Ms. Klubertanz,
Enclosed please find the Quotation for an Equipment Maintenance Agreement on the
TRAK Fuel Management Systems. Your current agreement is due to expire September
30 2017.
The TRAK Equipment Maintenance Agreement covers the replacement or repair of all
part failures due to normal wear and tear.
The TRAK Equipment Maintenance Agreement also provides:
• Unlimited telephone support at no charge
• All software updates,plus
• Complete system upgrades at a substantially reduced cost
Please issue a purchase order for the amount shown to insure this valuable coverage. If
you have any questions regarding the above, or if the list of equipment on your
maintenance agreement is inaccurate in any way,please contact me.
Sincerely,
Accounting Department
ARAtrakeng.com
TRAK Engineering, Inc.
PHONE: (850) 878-4585
FAX: (850)656-8265
Enclosure
Visit our WEBSITE @ http:\\www.trakeng.com
Page 1 of 4
eng.com MtM■EN
Corporate Sales: 2901 Crescent Drive, Tallahassee,FL 32301cTliill
nputerzed Fuel Managementt )Eb
59 850-878-4585 FAY A5o-656 8?65 www.trakeng.com amino
tions Since 1981
Equipment Maintenance Agreement
Quote
August 21, 2017
City of Corpus Christi
System #132
By this agreement, the technical knowledge and skill of our customer service organization is
made available to you to assure that your Fuel Management System is kept in efficient operating
condition. For an annual fee, our factory-trained personnel will perform the service and
maintenance on the equipment listed below for one year in accordance with the enclosed Terms
and Conditions.
The Effective Dates of this Equipment Maintenance Agreement would be:
October 1, 2017 through September 30, 2018
Equipment List
Desclrii an Unit lite Total
Fuel 3 1,216.W 3648.00
Hose Ccntrds-StaidErcl 8 160.00 1,362.00
Deb Converter 1 194.00 194.00
Sc tonere 1 396.00 386.00
Bilk 01 Ccntrds(Ntt Covered 3 0.W 0.00
1 -Vit Facto 2 312W 624.00
IP Said Device 2 170.00 340.00
*Shipping 1 284.00 284.00
Zone Charge 1 715W 715.W
Tata) $7,55300
*Due to high increase in shipping charges Trak has now added a line item in quote to
allow for this increased expense. Customer may elect to provide Trak your own shipping
account number(US Mail, FedEx, UPS)to charge and we will not assess this item.
Full Service Maintenance Agreement
This quote does not include applicable taxes
This quote valid for 90 days
Please review the above equipment list for accuracy.
Any equipment that is not listed will not be covered under this agreement.
Visit our WEBSITE @ http:\\www.trakcng.com
Page 2 of 4
TRAK ENGINEERING, INC.
EQUIPMENT MAINTENANCE AGREEMENT
TERMS AND CONDITIONS FOR FULL SERVICE AGREEMENTS
1. In order to assist our customers in maintaining their equipment in efficient operating
condition, Trak Engineering, agrees to furnish support and new/refurbished parts for the
equipment described under "Equipment List" at the rates specified upon the terms and
conditions that are stated below. The Equipment Maintenance Agreement (EMA) also
provides unlimited telephone support at no charge, all software updates, and complete
system upgrades at a substantially reduced cost.
2. This agreement shall be for a one (1) year period of support and new/refurbished
replacement parts during the period listed on the Equipment Maintenance Agreement
quotation. Only equipment manufactured and installed by Trak Engineering is covered
under this agreement.
3. Maintenance agreement charges are payable yearly in advance at the annual rate on the
annual payment date shown on the Equipment Maintenance Agreement, or quarterly if
the customer is a federal government facility.
4. Trak Engineering, Inc. reserves the right to change (increase or decrease) the rates
specified herein at each anniversary date of this agreement. Each change will be in
writing and notice provided to the customer at least thirty (30) days before such change
occurs.
5. This maintenance agreement may be cancelled by either party with a written notice sixty
days (60) prior to cancellation. If Trak Engineering effects cancellation for any reason,
charges will be prorated and Trak Engineering will refund the unearned portion of any
amount prepaid thereunder. If customer effects cancellation, Trak Engineering will
prorate and refund that unearned portion of any amount prepaid.
6. Emergency calls will be made during regular business hours at no extra charge.
Emergency calls made during non-business hours will be subject to additional charges.
Service calls initiated by the customer to repair any piece of equipment that is found to
be working upon arrival of the repair engineer will be charged at the standard per call
rate of one hundred fourteen dollars and nineteen cents ($114.19) per hour or one
hundred fifty five dollars and ninety three cents ($155.93) per hour in California, New
York, and New Jersey.
7. Trak Engineering will replace parts that have broken or worn out through normal use and
are necessary for servicing. This agreement does not apply to repairs made necessary
by accident, misuse, abuse, theft, vandalism, fire, water, electrical failure, acts of God or
other casualty.
Replacement parts will be shipped ground (UPS / US Mail). If the customer wishes
quicker delivery, then the customer will be billed for the difference only. Emergency
parts will be shipped "Next Day" delivery. Emergency parts consist of:
Sentry
Keyreader
Barrier
Control Panel
Sentry Power Unit
Page 3 of 4
TRAK ENGINEERING, INC.
EQUIPMENT MAINTENANCE AGREEMENT
TERMS AND CONDITIONS FOR FULL SERVICE AGREEMENTS
(Continued)
8. Certain non-working parts must be returned with a RA number within ten (10) days of
receiving the replacement part. If Trak Engineering does not receive the item within ten
(10) days of the customer's receipt of the replacement part, the customer will be billed
for the full price of the replacement part.
9. An emergency call will be determined over the telephone by Trak's Customer Support.
An Emergency call will require on-site service support by a Trak Engineering Field
Technician, or authorized Dealer or Electrician. Trak Engineering will always make a best
effort to provide timely service for each emergency call that is classified as a class one
problem. A class one problem is classified as unable to pump fuel of a particular type
from all available dispensers even in manual override.
10.It is the customer's responsibility for initial trouble shooting to determine if the problem
is with the Trak Engineering equipment, the fuel dispensing equipment, or the telephone
lines. The customer is responsible for the installation of the user replaceable components
whenever practical.
11.This agreement does not cover oil pumps, oil reels, oil nozzles, or the piping used to
carry the oil to the dispensing location from the reservoir.
12. Service hours: Monday-Friday are 8:00 a.m. - 6:00 p.m. Eastern Standard Time. Calls
after 5:00 p.m. are chargeable at the single call rate of one hundred sixteen dollars and
twenty-five cents ($116.25) per hour, or one hundred sixty-eight dollars and seventy-
five cents ($168.75) per hour in California, New York, and New Jersey.
13. Phone Support Hours: Technical support is available Monday- Friday from 8:00 AM to
6:00 PM EST, excluding recognized holidays. Trak also provides 24 hours a day, 7
days a week emergency response phone support at NO EXTRA CHARGE.
14.This agreement does not cover on-site repairs for the system's Central Controller
(microcomputer, monitor, keyboard, or printer). At Trak Engineering's discretion, Trak
will repair these units at its facilities in Tallahassee, FL or arrange repair at the local
computer store.
15.This agreement does not cover EE Memory Keys, SMARTags, VMU'S or BID's. Any
additional or replacement keys, VMU's or BID's must be purchased by the customer.
16.Trak Engineering, Inc. may elect not to extend this agreement to any customer if, for
any reason, the warranty or Equipment Maintenance Agreement coverage has lapsed for
a period of more than thirty days.
17. Upgrades or installs are optional. Labor for upgrades or installs will be billed at a rate of
one hundred sixteen dollars and twenty-five cents ($116.25) per hour, or one hundred
sixty-eight dollars and seventy-five cents ($168.75) per hour in California, New York,
and New Jersey. Additional charges for technician travel time, plus needed parts and
materials may be quoted in a lump sum price.
Page 4 of 4
Attachment B: Quote/Pricing Schedule
CIRAKMEMBER
ng.com �]C'Corporate Sales: 2901 Crescent Drive, Tallahassee,FL 32301 �"Gputerized Fuet Management _ PH 850-8784585 FAX 850-656-8265 www.trakeng.ccm �E w n
put--------fiorts Sfitt 1981
Equipment Maintenance Agreement
Quote
August 21, 2017
City of Corpus Christi
System #132
By this agreement, the technical knowledge and skill of our customer service organization is
made available to you to assure that your Fuel Management System is kept in efficient operating
condition. For an annual fee, our factory-trained personnel will perform the service and
maintenance on the equipment listed below for one year in accordance with the enclosed Terms
and Conditions.
The Effective Dates of this Equipment Maintenance Agreement would be:
October 1, 2017 through September 30,2018
Equipment List
Desorption lhit Rate Total
I-u I Sentry 3 1,216.W 3,648.W
FiteeCaitrds-Sta>ciatd 8 1e9.W 1,352.W
ata Caiverte- 1 194.W 19403
Ed Calk Cards(Ntt Cae'ecf) 3 0.03 O.W
1-VtttRatio 2 31203 624.03
IP Said Device 2 170.03 340.03
��� 1 284.03 28.4.W
1 715.03 715.03
Total $7,553.00
*Due to high increase in shipping charges Trak has now added a line item in quote to
allow for this increased expense. Customer may elect to provide Trak your own shipping
account number(US Mail, FedEx, UPS)to charge and we will not assess this item.
Full Service Maintenance Agreement
This quote does not include applicable taxes
This quote valid for 90 days
Please review the above equipment list for accuracy.
Any equipment that is not listed will not be covered under this agreement.
Visit our WEBSITE @ http:\\www.trakeng.com
Page 1 of 1
Attachment C: Insurance Requirements
INSURANCE REQUIREMENTS
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 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
•
Page I of 3
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this
not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
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
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;
Page 2 of 3
• 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 payments) 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.
It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2018 Insurance Requirements
Purchasing
Equipmeni Maintenance Agreement for TRAK Fuel Management System
01/17/2018 sw Risk Management
Page 3 of 3
Attachment C: Bond Requirements
No bond requirements necessary for this service agreement; Section 5. (B) is null
for this Service Agreement.
Page 1 of 1
Attachment D: Warranty Requirements
No warranty requirements necessary for this service agreement; Section 8(A&B).
Warranty is null for this Service Agreement.
Page 1 of 1