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HomeMy WebLinkAboutC2017-275 - 9/19/2017 - Approved ous c 1151 SERVICE AGREEMENT NO. 978 C-,t7 M e x e �'A' r Tire Repair and Replacement Services for the Corpus Christi Fire Department 1832 THIS Tire Repair and Replacement Services for the 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 Beasley Tire Service, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Tire Repair and Replacement Services for the Corpus Christi Fire Department in response to Request for Bid/Proposal No. 978 ("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 Tire Repair and Replacement Services for the 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. This Agreement includes an option to extend the term for up to two additional 12-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then-current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $1 16,510.00, 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 City of Corpus Christi Page 1 of 8 2017-275 9/19/17 M2017-144 Beasley Tire Service Inc. INDEXED 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: Kevin Sullivan Corpus Christi Fire Department Shop Supervisor 361-826-3923 Kevinsu@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. (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 City of Corpus Christi Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 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. City of Corpus Christi Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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. 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: Kevin Sullivan Corpus Christi Fire Department Shop Supervisor 1501 Holly Road, Corpus Christi, TX 78417 Fax: 361-826-4341 IF TO CONTRACTOR: Beasley Tire Service, Inc Attn: Michael Beasley Vice President 11802 Eastex Frwy, Houston, TX 77039 Fax: 281-449-9436 City of Corpus Christi Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 17. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 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. City of Corpus Christi Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 (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 and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. 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. 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. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 CONTRACTO • Signature: ' ", Printed Name: M i ChC1 p\ . tcl Title: Date: CD CITY OF CORPUS CHRISTI Signature: \NO. Printed Name: ( c o -. PAY o Z Title: Y ro c c,w ___ Date: 13 - ATT EST: C1_i� /!" REB CCA HUERTA CITY SECRETARY Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements -a1 sir C4RINCIIL vi )114 Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 978 SECRETARY G Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Page 8 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 Attachment A: Scope of Work Scope of Work 1. General Requirements/Background Information The Contractor shall provide Tire Repair and Replacement Service as outlined in this Scope of Work. 2. Scope of work A. Tire replacement for passenger tires shall include road hazard warranty. B. The Contractor will be required to have 4 working service trucks. C. The Contractor must maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City. D. The Contractor shall properly dispose of tires according to current federal and state regulations (Environmental Fees included). E. The Contractor will follow all safety precautions during emergency vehicle roadside tire services. F. The Contractor shall provide roadside emergency and non—emergency tire services for Fire Trucks and Staff and Ambulance vehicles as needed. G. Tire replacement for Fire Trucks must be Michelin brand steer tires size 425/62R 22.5, 385/65R 22.5, 315/80R 22.5, 12R 22.5, and 11R 22.5. H. The Contractor's Response Time: Fire Trucks, Ambulances, and Staff Units 1. Non-Emergency/Scheduled: 1 hour (Defined as listed at CCFD and not roadside) Monday through Friday, 7:00 AM to 5:00 PM. 2. Emergency: 1 hour (Defined as "roadside emergencies during normal hours stated above and all locations after hours, weekends and holidays). 3. Tire Repair A. Contractor shall repair tires in Group 2 and Group 3. B. Contractor will use tire patches and replace valve stems to repair tires. Page 1 of 3 4. Work Site and Conditions The work shall be performed at Contractors location within the city limits of Corpus Christi, TX, Nueces County. Staff vehicles will be taken to Contractor. Loose EMS vehicle wheels will be taken to Contractor and Fire units will be taken when possible. The Contractor will on occasion pick up wheels from shop and return them with new tires installed. 5. Special Instructions A. All repairs shall be completely documented by the Contractor. A copy of each work order or repair slip will be provided to the personnel on site at time of completion and shall provide the following information: 1. Site location of the equipment repair. 2. Unit number, make, model number and VIN of the vehicle repaired. 3. Make and model number of any replacement parts. B. Service to support the CCFD during emergency or disaster event. This shall require the Contractor to provide a service truck and mechanic with required parts and supplies to provide necessary tire repairs over an extended time. 6. Warranty A. The Contractor hereby warrants all Tires and Accessories as set in the contract and the individual manufacturer's warranty documents. The Contractor will respond, on-site for all warranty repairs within one hour following notice from Contract Administrator. B. All items shall be guaranteed for a minimum period of one year against defects in material and workmanship. C. Material and workmanship ethics shall be of the highest quality currently used in the maintenance of commercial fleet tires in accordance with the tire industry association (TIA). 7. Post Award Security Requirements A. The Contractor will comply with all Security requirements. Due to the nature of the Fire Department Warehouse Information, Contractor employees must have clear Criminal History backgrounds and this must be verified before each employee is cleared to work in the building. The Contractor will submit the name, address, social security number, height, weight, date of birth, copy of driver's license or picture ID of the Contractor and each employee hired for work on this Page 2 of 3 contract. A completed personal history statement and other forms may be required for security. If will be the Contract Administrator's decision whether a Contractor's employee is acceptable to work in the Fire department warehouse area. B. The Contractor will furnish an adequate number of employees to perform all work specified with the contract. Contractor's employees will conduct themselves in a proper and efficient manner always, and especially to maintain a business-like relationship with others. C. Contractor employees found to be working in any Fire Department Warehouse area who have not been cleared in advance will be required to leave the area immediately and the Contractor will be fined $500 for each employee, per instance. Changes in personnel will be furnished to the Contract Administrator, in writing, prior to making such changes or before personnel begin working on the property. D. Pre-Performance Conference: Prior to commencing work under this contract, the Contractor will meet in a conference with the Contract Administrator to discuss and develop mutual understanding relative to the execution of this contract. A contract incorporating the provisions of these specifications will be provided by the City for execution by the successful Contractor. E. Performance Evaluation Meetings: The Contractor's Manager will visit the Contract Administrator or designated representative monthly. Additional meetings will be held at the discretion of the Contract Administrator, but not less often than monthly. A mutual effort will be made to resolve all problems identified. Page 3 of 3 Attachment B: Bid/Pricing Schedule s � gad CITY OF CORPUS CHRISTI BID FORM '� PURCHASING DIVISION 4+7 • • RFB No. 978 2 Tire Repair 8 Replacement Services For the Corpus Christi Fire Department Date: 8 /a/! 7 PAGE 1 OF 1 Authorized ` ` Bidder: S5 E,V /e'er Signature: 0 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. Prices for Tires to include tire balancing, mount and dismount, fire disposal, patches, valve stems. :•- ri:,,::F: •..; :Sy`I,.•.�;i+i{:.!y• ..., _ ,r..•.rT.,x. as"JyS` s>�. ,.�---- 'c7fan::Z,,:;:.• ,�yj;.,;.:;,..�.�., ° •91�C�,aice, 1T�?7s ' 71 a __ 46p gitlj6 rKF. vX �1 f NS� VI lbtit7'; o1 425/65R 22.5-MichelinTires Ea 6 69 . � / n , 2 385/658 22.5-Michelin Tires Ea 6 6 30. o o ,3 78'0.©a , 3 315/80R 22.5 .A-Zee 2. Ea 20 io_o 0 3 ,xpp,e,p $11,000.00 4 12R22.5 X Ea 50_ f�a , 00 27500. 00 5 11R 22.5 )(Z1-0Z Ea 40 ie00.0 0 6 oe . .i ; •''4 0 yj v 54 fitiat •C'::.�;.�^(:•T'3'¢.` r° s3': ,.a'a 3 ".YJ y.. U: -r: 6 225/70R 19.5 Tires a/cG Ea 12 2r,$,1)0 Z.a'8'O, do 7 245/75R 17 Tires itO A7.6 Ea 30 /30. 0 I.7.5C'Ob n 235/80R 17 Tires Ea 100 c7 o /,?Gc�, O O Tire Re•air Ea 100 .2 6o 2,90o_ e 0 .';�.1x�'hVitt�U ,-51; ,M•.71C'S _c i ',y4� .. rG.+a•���� :�n �ra�-r a� L_10 265/70R 17 Tires Ea 24 "r6. 06 a oca,o•p Iii •:,i'; ° Jeczet�p2ROamayiA= U ctIO RFx,i 11 255/65R 17 Tires G Ea 24 ,/,tea o g 74-6,cid 12 245 65R 17 Tires U.C;, Ea 8 va+:oo re K.CM 13 , 265/75R 16 Tires U.l."'" Ea 2 /i70. mo ,,?yr©, ©o 14 245/75R 16 Tires ,edezzfEa 4 76_e O 3 37 K. a 0 15 P235/70R 16 Tires eA-"6 ?-Ea 8 p, c 0 7 00 . 16 P215/60R 16 Tires 6P.0 ( Ea 2 $'ye;a a /6 r•OCT 17 235/75R 15 Tires 4/,m i Ea 4 ; "IS:0c ,2ir54O0 18 P225/70R 15 Tires .17,----6" Ea 4 F3-0 0 ''J ©O 19 P215/60R 15 Tires ,u i Ea 4 8'o - e)0 mob_c,0 20 P195/60R 15 Tires--- , ''G Ea 4 /-J. -_C. ©O 21 235/50R 17 Tires /, ;'c AcEa 20 /o ©o ?000, c'''22 Tire Re•air I /0c)Ea 100 cPc� o.� ai�•S•� o.,r7yx,caY��:!iKc x`C.71 3 i{�'y a,.:".F 1�' a a�'`CF r �.a °!Cr r.. }Y � bit`:l*..:L5:6:. moi" 1`n,: -1. `=4.,r,a,..c.4.4.1i'_ .7.nv�,. 5._: ,.• .L ;r'[;,,t 1 `,t:*,l- � ^'�:'.. <, ..'?``; t�•x u u �° ,`, ;�..r�.-r '. �'<v.��rl :'. ©`f'��y � 99,510.00 Prices for Roadside Service lite` IfJ^�,, 17 w yrj x037 a;Cy� i 71y '..4..-7 0e II, or;$ 'f;:. sT°4° . ,y*.' ,. 1 _ ! Service Call Ea : 100 _ 7 ,,, .00 64e),`5).* 2 After hours Service Call Ea ' 100 l.f.e'er p' .woe)_J+i ` "•:=Y � ' 4ia ` � � :-t:�'� +z.�+sx _1 ,.. a.r:.n.`7" vc .A,•:• a:i :s:+.r1" 3. ..... ' .1` a �. �LOAD Attachment C: Insurance Requirement Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . 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 the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator (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 GL, AL and WC if applicable. 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 $2,000,000 Aggregate 2. Premises -Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part B of (All States Endorsement if Company is not This Exhibit domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 Page I of 3 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. 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. Bests 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 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. Page 2 of 3 • 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. 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 agreement. 2017 Insurance Requirements Purchasing- Fire Dept. Tire Repair and Replacement Service 05/16/2017 sw Risk Management Page 3 of 3 Attachment D: Warranty Requirement Warranty A. The Contractor hereby warrants all Tires and Accessories as set in the contract and the individual manufacturer's warranty documents. The Contractor will respond, on-site for all warranty repairs within one hour following notice from Contract Administrator. B. All items shall be guaranteed for a minimum period of one year against defects in material and workmanship. C. Material and workmanship ethics shall be of the highest quality currently used in the maintenance of commercial fleet tires in accordance with the tire industry association (TIA). Page I of I CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1-4 and 6 If there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,stale and country of the business entity's place Certificate Number: of business. 2017.250006 Beasley Tire Service-Houston Inc. Houston.TX United States Date Filed: 2 Name of governmental entity or state agency that Is a party to the contract for which thei8 Tiis 0811512017 being filed. ckn wledged:DIY a/ City of Corpus Christi Date I&I10�2a11 3 Provide the identification number used by the governmental entity or state agency to track or identify the contra ,and provide a description of the services,goods,or other property to be provided under the contract. 978 Tire Repair&Replacement Services 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Hatley, Michael Houston,TX United States X Beasley.Robert Houston,TX United States X Beasley Tire Service-Houston Inc. Houston,TX United States X 5 Check only if there Is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of penury,that the above disclosure is true and correct. STACEY LYNN AIITCHEII 1' • e NOTARY PUBLIC ,I�1 ,' 41“J.TII Tl' J , STATE OF TEXAS COMM.EXPIRES 01-21.2015 Signature of. .- contacting business entity AFFIX NOTARY STAMP/SEAL ABOVE rys Chat 1' II �,1 p Sworn to and subscribed before me,by the said ( l hat I 14o-fit/ .this the t5 day of IC1Agl.VF 20 11 .to certify which,witness my hand and seal of office. �n `'�k yt /yg oath �{k�8y�nn N vibe f 1 ae(E + ignawre al ce atlmiNstering oath Printed name of oPocer atlminstering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethiCs.state.tx.us Version V1.0.883