HomeMy WebLinkAboutC2018-284 - 4/17/2018 - Approved 1 e u.
u;^h� SERVICE AGREEMENT NO. 1478
Inspection, Preventive Maintenance and Repair Services
185E for Automatic Sliding Doors at CCIA
THIS Inspection, Preventive Maintenance and Repair Services for Automatic Sliding
Doors at CCIA Agreement ("Agreement") is entered into by and between the City of
Corpus Christi, a Texas home-rule municipal corporation ("City") and Door Direct
("Contractor"), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Inspection, Preventive Maintenance and
Repair Services for Automatic Sling Door at CCIA in response to Request for
Bid/Proposal No. 1478 ("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 Inspection, Preventive Maintenance and Repair
Services for Automatic Sliding Doors at CCIA ("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 24 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
$95,160.00, 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
-^•^^.,�;tiio fnr nnnroval of all phases of performance and operations under this
2018-284
4/17/18 Form Page 1 of 7
M2018-061 2/15/17
Door Direct
INDEXED
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Gabriel Anton
Department: Aviation
Phone: (361)-289-0171
Email: GabrielA2@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.
(BI-. 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.
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8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any Service quantifies 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.
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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: Gabriel Anton
Title: Facilities Manager
Address: 1000 International Drive, Corpus Christi, Texas - 78406
Phone: (361)-289-0171
Fax:
IF TO CONTRACTOR:
Doors Direct
Attn: Tim Mohl
Title: President
Address: 4833 Saratoga Blvd # 609, Corpus Christi, Texas - 78413
Phone: (361(-887-1894
Fax: (361)-887-9543
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
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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
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
ihvalid 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:
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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.
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 dl prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
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Approved as to Legal Form 12/15/17
CONTRACTOR
Signature
Printed Name: 1-',t00}' J. /1fo41G.
Title:
/
Date: 3, '/is
CITY OF CORPUS CHRISTI
Signature )' aa.11j.a.-.
Printed Name. M0.r 0. PC ,A--c.
Title. -Pro<<.w-&
Date: 41 /07 51 t g
ATTEST: & ' a! _ &d�' I
RE:ECCA 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 H2o1 t --Oto
Incorporated by Reference Only: $Y COUNCIL `? 1
Exhibit 1: RFB/RFP No. 1478
Exhibit 2: Contractor's Bid/Proposal Response 40
SECRETARY
Service Agreement Standard Form 7 • 7
Approved as to Legal Form 12/15/17
Attachment A
Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide Inspection, Preventative Maintenance and Repair
services for automatic doors at the Corpus Christi International Airport (CCIA).
Services shall be provided at 1000 International Drive, Corpus Christi, Texas, 78406.
Services shall include eight automated sliding doors on 1st floor terminal area and
two automated sliding doors are on the Federal Inspection Station(F1S) section.
1.2 Scope of Work
Contractor shall furnish all labor, supervision, parts, supplies, materials, tools and
equipment necessary to inspect, maintain and repair/replacement services for all
automatic doors identified on the airport. All automatic sliding doors are Horton -
2003
A. Preventive Maintenance/ Inspection:
Preventive Maintenance/Inspection shall be done on a monthly basis. The
Contractor shall create a schedule for the services by coordinating with the
Contract Administrator. Contractor shall perform maintenance/inspection
thoroughly. Contractor shall perform preventive maintenance including but not
limited to remove dirt and apply grease to all visible areas including internal parts
of header section. The Contractor should lubricate all parts of the door requiring
lubrication with lubricants of a grade recommended by the manufacturer.
Inspection is not limited to safety components, operation of doors and closing
force of doors, motors, belt, gears, electronic board, rollers, guide pins, door
headers and door threshold for worn elements. Contractor shall immediately notify
the Contract Administrator in writing of any conditions in which the Contractor's
opinion, are detrimental to the equipment, ancillary components and/or will cause
a failure in the equipment, or will diminish the operating capabilities of the door.
The Contractor shall assume responsibility tor repairs resulting from his/her failure to
inform the Contract Administrator of obvious conditions which can, do or will result
in damage to the door.
B. Repair or Replacement:
Contractor shall be responsible for providing labor, trouble shooting of parts,
purchase of new parts, and installation of parts. In the event of a repair, Contractor
shall receive Work order. The contractor shall develop an estimate for the repair,
potential alternatives, and option of repair versus replacement. The Contract
Administrator will review the Contractor's repair or replacement proposal prior to
work being performed. The City of Corpus Christi shall reserve the right to purchase
replacement parts and materials from other sources.
Page 17 of 20
C. Emergencies:
Contractor shall provide on-call services within four hours of receiving an
Emergency call. The Contractor shall perform routine and emergencies during
normal working hours - Monday to Friday 8:00am to 5:00pm. Contractor shall take
permission from Contract Administrator before commencing work afterhours.
Afterhours includes working hours from 5:00 PM to 8:00 AM, Saturdays, Sundays and
Holidays. If the contractor fails to respond to the emergencies, $200 will be credited
to the next monthly billing.
D. Reports:
Contractor shall submit written reports for each location in duplicate, one copy to
the Contract Administrator. The Contractor shall provide monthly reports of all
Inspection, Preventive Maintenance and Repair. Reports shall include both
emergency and routine work. The Contractor shall include a copy of all work order
forms, clearly identifying the location, a description of work performed and a list of
parts, materials and supplies required to complete the work. The reports shall
describe the condition of the equipment and all components at each location
including a detailed listing of items identified because of maintenance operations.
The reports shall include pertinent information deemed necessary by the Contract
Administrator for the reporting period.
E. SERVICE PERSONNEL:
Contractor shall employ sufficient full-time service personnel to perform services
outlined in this contract (repair, replace, maintain, lubricate, adjust and perform
preventative maintenance). Personnel shall be skilled in the execution of all repair
and maintenance services which may become necessary to fulfill the terms of the
contract during the term of the contract.
F. Recordkeeping:
The Contractor shall establish and maintain a log delineating complete and
accurate records of all inspection, preventative maintenance operations, repairs
(including emergency calls), parts, materials and supplies for each door by
location for the term of the Contract. The Contractor shall update said logs after
each service defined in the contract.
G. Inventory:
The Contractor shall keep an inventory of the materials, parts, tools and
equipment required to perform preventive maintenance, repair and Inspection.
The cost associated with the storage of the inventory shall be the responsibility by
Page 18 of 20
the Contractor. The Contractor shall keep an inventory of the door parts, including
but not be limited to: motors, belts, rollers, sensors, breakout pins, electrical
connections and threshold guide strips.
1.3 Contractor Quality Control
The Contractor shall establish, follow and maintain a complete Quality Control
Program for identifying and correcting deficiencies in the services performed before
the level of service becomes unacceptable. Quality control program shall be
acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified.
1.4 Special Instruction
A. The Contractor shall barricade or place cones around the work area before
commencing of inspection, maintenance and repair. The Contractor shall take
special measures to safeguard the area while services are being performed
Contractor shall be responsible to bring the doors to a normal safe operation state
after repair.
B. Following scheduled maintenance and/or repair operations, Contractor shall
clean the work area including doors when services are completed.
C. The Contractor shall be responsible for verifying proper function of door before
completion of inspection, maintenance and repair.
Page 19 of 20
Attachment B
Bid/Pricing Schedule
Usc�
4,CP1 BID FORM
CITY OF CORPUS CHRISTI
( �� s�.�' PURCHASING DIVISION
l RFB No. 1478
2„,„ Inspection, Preventive Maintenance and Repairs for
Automatic Sliding Doors at CCIA
,2�Y9�r8 PAGE 1 OF 1
Date:
Authorized
Bidder: NSR Arne'-1 Signature: /�/1^'"V
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. Biader 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 Estimated Unit Total Price
QTY Price
1 Inspection/Preventive Month 24
Maintenance iC� 9y'� 0
2 Labor for Repair HRS 300
Normal Working hours - ,:1
Labor for Repair HRS 120
Afterhours, Weekends and
Holidays
Estimated Markup Total Price
Spend
3 Parts $40,000
Mark up shall not be greater
than 12% _
Total
Price 15 1
Attachment C
Insurance Requirements
CONTRACTOR'S LABILITY INSURANCE
1. Contractor must not commence work under this agreement until all insurance
required herein has been obtained and approved by the City's Risk Manager or
designee. Contractor must not allow any subcontractor to commence work until
all similar insurance required of the subcontractor has been so obtained.
2. Contractor must furnish to the Risk Manager and Assistant Director, Office of
Strategic Management, two (2) copies of Certificates of Insurance with applicable
policy endorsements showing the following minimum coverage by an insurance
company(s) acceptable to the Risk Manager or designee. The City must be listed
as an additional insured for the General Liability and Auto Liability policies, and a
waiver of subrogation 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 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
BUSINESS AUTOMOBILE LABILITY $1,000,000 Combined Single Limit
1. Owned
2. Hired & Non-owned
3. Rented & Leased
WORKERS' COMPENSATION Statutory and complies with Part II of
(All States Endorsement if Company is not this Exhibit.
domiciled in Texas)
Employer's Liability $500,000 / $500,000 / $500,000
3. In the event of accidents of any kind related to this project, Consultant must furnish the
Risk Manager with copies of all reports of such accidents within 10 days of the accident.
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 an amount sufficient to
assure that all workers' compensation obligations incurred by the Contractor will
be promptly met. An All States endorsement shall be required if consultant 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 replacement Certificate of Insurance to City
at the address provided below within 10 days of any change made by the
Contractor or as requested by the City. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at
the following address:
City of Corpus Christi
Attn: Risk Management
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 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 calendar days advance written notice for nonpayment of
premium.
5. Within five 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
Consultant 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 agreement.
017 Insurance Requirements
Airport
Automatic Doors Service and Repairs
10/19/2017 SW Risk Management
Attachment D
Warranty Requirements
A. The Contractor shall provide a 12-month or manufacturer warranty
for all new materials/parts and 6 months warranty on workmanship.
B. Warranty shall commence on the date of acceptance of the work
by the City. The Contractor shall correct or replace any defects
found in materials/parts provided or for the correction of faulty
workmanship.