HomeMy WebLinkAboutC2019-158 - 4/9/2019 - Approved rift
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SERVICE AGREEMENT NO. 1886
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Fire Extinguishers Annual Maintenance and Inspection
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THIS Fire Extinguishers Annual Maintenance and Inspection Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and IFS Fire and Safety Inc ("Contractor"), effective
upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Fire Extinguishers Annual Maintenance
and Inspection in response to Request for Bid/Proposal No. 1886 ("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 Fire Extinguishers Annual Maintenance and
Inspction ("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 60 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 zero additional zero-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. This Agreement is for an amount not to exceed
$153,175.50, 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. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
C2019-158
4/09/19
Res. 031730 Page 1 of 7
IFS Fire & Safety Inc. )r 1, 2018
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Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Jesse Hernandez
Department : Asset Management
Phone: (361)-826-1983
Email : JesseH@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 that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment 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.
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form October 1, 2018
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
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.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
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Approved as to Legal Form October 1, 2018
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
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, 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. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided 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: Jesse Hernandez
Title: Superintendent of Operations
Address: 5352 Ayers Bldg, 3A, Corpus Christi, TX 78415
Phone: (361)-826-1983
Fax: (361)-826-1989
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form October 1, 2018
IF TO CONTRACTOR:
IFS Fire and Safety Inc
Attn: Joseph Tilton
Title: Vice President
Address: 4540 Southview Dr, Corpus Christi, TX 78408
Phone: (361)-289-7949
Fax: None
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
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
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Approved as to Legal Form October 1, 2018
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 if required
by said statute.
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.
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form October 1, 2018
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
CONTRACTO•
Signature: 4t tL
Printed Name: f)
Title: TNQS t ,,�,"�
Date: 13 I Ck
CITY OF CORPUS CHRISTI
Kim Baker a
Assistant Director of Finance- Purchasing Division ATTEST: � a� 17
RE ECCA HUERTA
Date: L.&, I °. LI
CITY SECRETARY
Attached and Incorporated by Reference:
OS1-1
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule T
9_412 Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
9ECRPf
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 1886
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form October 1,2018
(C.)°
us 11c"t' I ATTACHMENT A: SCOPE OF WORK
1862
1.1 General Requirements
A. The Contractor shall provide annual maintenance and inspection to dry- chemical
and Co2 type portable fire extinguishers located at various City-wide locations
listed in the Scope of work.
B. The Contractor shall provide labor, materials, transportation, tools, and equipment
necessary to perform the services.
C. The Contractor and Contract Administrator shall mutually arrange the schedule. All
work shall be performed during the normal hours, Monday to Friday, 8:00AM to
5:00PM.
1.2 Annual Maintenance and Inspection
All extinguishers shall be subject to annual maintenance and inspection not more than
one year apart. Maintenance and Inspection is a thorough check of the extinguishers.
Annual Maintenance and Inspection shall follow the procedure listed below plus all
applicable NFPA, Federal, State, OSHA and local standards, regulations, codes and
requirements.
1. Clean extinguisher to remove dirt, grease or foreign material. Check to make sure
that the instruction nameplate is securely attached and legible. Inspect the
cylinders for corrosion, abrasion, dents or welding damage. If any damage is
found, hydrostatically test in accordance with instructions in NFPA 10.
2. Inspect the extinguisher for damaged, missing or substitute parts. Only factory
replacement parts are approved for use on fire extinguishers.
3. Weigh the extinguisher and compare with weight printed in the "Maintenance"
section on the nameplate (label). Recharge extinguisher if weight is not within
indicated allowable tolerances.
4. Check the date of manufacture printed on the extinguisher label (nameplate) or
on the agent cylinder dome. The agent cylinder must be hydrostatically tested
every 12 years to the test pressure indicated on the nameplate.
5. Visually inspect the pressure gauge: If bent, damaged or improper gauge,
depressurize and replace. If pressure is low, check for leaks. If over pressurized
(overcharged), depressurize the extinguisher and follow recharge instructions.
6. Check ring pin for freedom of movement. Replace if bent or if removal appears
difficult.
7. Inspect discharge lever for any dirt or corrosion which might impair freedom of
movement. Inspect carrying handle for proper installation. If lever, handle or rivets
are damaged replace with proper part(s).
8. Install new tamper seal if broken and record service data on the extinguisher
inspection tag.
Page 1 of 4
9. Remove nozzle or hose and horn assembly and visually inspect inside valve body.
(Chemical in the valve body may indicate that the extinguisher has been partially
discharged and should therefore be recharged). Inspect nozzle or the hose and
horn assembly for damage-replace as necessary. Blow air through nozzle or hose
and horn to insure passage is clear of foreign material.
10. Inspect the valve assembly for corrosion or damage to hose thread connection.
Replace valve assembly or component parts as necessary following the proper
depressurization and recharge procedures. If valve removal is necessary,
complete all steps in the Recharge Procedure.
11. Replace the extinguisher on the wall hanger or in the vehicle bracket making sure
that it fits the bracket properly and the bracket is securely attached-replace the
bracket if necessary.
12. The Contractor shall obtain prior approval from Contract Administrator, if any
repairs or recharge is required.
13. The Contractor shall contact contract administrator if the cost estimate for the
repair/replace is more than the replacement. Based on the repair and recharge
versus the replacement cost submitted at the time of the service, the City elect to
purchase a fire extinguisher.
1.3 Six-year Maintenance
Every 6-years, stored pressure dry chemical extinguishers shall be emptied and shall be
subject to the applicable maintenance procedures. At the time of this maintenance,
NFPA approved identification collar indicating the inspector and the month and year
the maintenance check was performed shall be securely attached to the extinguisher.
1.4 Hydrostatic Testing
All hydrostatic testing shall be performed in accordance with NFPA, Federal, State and
local codes and standards. Hydrostatic testing shall be done every 12 years for the dry
chemical type extinguishers and every 5 years for the CO2 type extinguishers.
1.5 Replacement and Disposal
1. Contractor shall contact the Contract Administrator before replacing new fire
extinguishers. Contractor shall provide justification for requested replacement to
the Contract Administrator
2. Contractor shall be responsible for the disposal of the old unit.
3. Contractor shall replace same brand, or any brand follows all applicable codes
and requirement.
1.6 Service Personnel
1. Maintenance, Inspection, refills, tests, repair etc. shall be done by a properly
licensed and certified technician as per NFPA, Federal, State and Local codes and
regulations.
2. The Contractor shall assure that crew is fully and properly equipped to perform
services promptly and safely without delay. All personnel assigned to the service
agreement shall wear a uniform, including safety equipment and any company
issued photo identification.
Page 2 of 4
1.7 Reports
1. Contractor shall submit a report after each annual maintenance and inspection
to the Contract Administrator. Report shall state a number of annual fire
extinguisher maintenance, Six-year maintenance, Hydrotest, Recharge and
Repairs.
2. The Contractor shall keep record and track all the maintenance on its own
database and shall notify the City three weeks prior to expiration testing date for
the following year.
1.8 Invoicing and Payment
1. The Contractor shall submit the invoice after the annual services are performed.
Invoice shall include 1) Work description, Location and date of maintenance 2)
List of Materials that were replaced.
2. Original copy of the invoice should be sent to the Accounts Payable with a copy
to the Contract Administrator.
3. Approval for payment shall be authorized by the Contract Administrator.
1.9 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.
1.10 Work Locations
The Contractor shall perform Fire extinguisher annual maintenance to the following
locations
Department Address
City Hall 1201 Leopard St Corpus Christi TX 78401
Health Department 1702 Horne Rd Corpus Christi TX 78416
Health Department-WIC 1702 Home Rd Corpus Christi TX 78416
Police Department 321 John Sartain St, Corpus Christi, TX 78401
Animal Control 2626 Holly Rd, Corpus Christi, TX 78413
Frost Bank 2402 Leopard St, Corpus Christi, TX
Facility Maintenance Building 5352 Ayers, Corpus Christi, TX 78415
CCPD Training Center 4510 Corona Dr., Corpus Christi, TX, 78411
Public Safety PD Building B 1501 Holly., Corpus Christi, TX, 78417
Professional Standards 5805 Williams Dr., Corpus Christi, TX, 78412
Property Warehouse 1502 S Brownlee Blvd., Corpus Christi, TX, 78404
Vehicle Impound Lot 5485 Greenwood Dr., Corpus Christi, TX, 78417
Page 3 of 4
Taxi & Parking & DPO/CRU 805 Comanche St., Corpus Christi, TX, 78401
Calallen Substation 1925 Tuloso Rd., Corpus Christi, TX, 78409
Flour Bluff Substation 1456 Waldron Rd., Corpus Christi, TX, 78418
The Shooting Range 9600 Hearns Ferry Rd., Corpus Christi, TX, 78370
Police Fleet Building 5352 Ayers St. Building #5, Corpus Christi, TX, 78415
All Fire Department locations
Page 4 of 4
Attachment B: Bid/Pricing Schedule
s
CP ": .r CITY OF CORPUS CHRISTI
PURCHASING DIVISION
.0- Revised BID FORM 10/26/2018
�
1852 RFB No. 1886
Fire Extinguishers Annual Maintenance and Inspection
PAGE 1 OF 2
Date: LOlDC7--( 2&{�
Authorized
Bidder: x S -rise 2, e�SA -.vim -Signature: A / I►i
1
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 for 5 Unit Price Total
years Price
1 Type --Dry Chemical
1.1 Annual Maintenance and EA 2450
Inspection- 51b, 10Ib, 151b, 201b q".4 d f rt. CSO.°d
1.2 Recharge 5 lb. EA 200 114.478 9 06.6t
1.3 Recharge 10 lb. EA 200 (g,�o 3go4A
1.4 Recharge 15 lb. EA 100
1.5 Recharge 20 lb. EA 100 a 6 0+,r,r0,a
1.6 Hydrotest with Recharge 5Ib EA 400 5( , ) 12 tooa•oo
1.7 Hydrotest with Recharge 10Ib EA 200 U--(6 1-3 Ga 06
1.8 Hydrotest with Recharge 201b EA 200 02_,,ro g{OO,0 a
1.9 Replacement 5Ib EA 200 4q. 3 Sr qg 7.0 ,0
1.10 Replacement 101b EA 100 (o(/.6 o (Q,(bO,G
1.11 Replacement 20Ib EA 100 I t7-, V3 i t q-ga 04
1.12 6-year Maintenance-5Ib EA 500 l q,(0 g Z ro u�
1.13 6-year Maintenance- 10Ib EA 100 (q{sd i0 b
1.14 6-year Maintenance-20Ib EA 200 ZS.,c ot• S(od .66
2 Type-Co2
2.1 Annual Maintenance and EA 160 f c La
Inspection-51b, 10Ib, 151b, 20Ib i.(S6
2.2 Recharge 5 lb. EA 50 (- .5-05 641-.06
d
2.3 Recharge 10 lb. EA 50 I , R 14':66
2.4 Recharge 15 Ib. EA 50 2I kt /67.6166i
2.5 Recharge 20 lb. EA 50 J ,Z+2d 1122S--
2.6
%22.S2.6 Hydrotest with Recharge 51b EA 50 . 51 110 ,r TS.Vp
2.7 Hydrotest with Recharge 10Ib EA 50 S4 , 0 ( g LS.c36
2.8 Hydrotest with Recharge 201b EA 50 y 2.CO z_t 2..C1 a
2.9 Replacement 5Ib EA 50 ( ?-g ,3 (
2.10 Replacement 10Ib EA 50 (q b f.( t q ' (8
2.11 Replacement 201b EA 50 26,a €S 3 lir 1-C , c't
3 Service fee per location, if EA 180
applicable IO.06 { QQG.m
Estimated Spend Mark up (%)
4 Parts $15,000 lid .ad
Total
c�
Note: & I S 3 1-4,c
1. Mark up Total=(Estimated spend•Markup%) + Estimated Spend.
2. Service fee, if applicable,will be paid per location visit not on each tire
extinguisher service.
ATTACHMENT C: INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator
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
change, or termination required on all Per occurrence aggregate
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
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 of
(All States Endorsement if Company is not this Exhibit.
domiciled in Texas) $500,000/$500,000/$500,000
Employer's Liability
Page 1 of 3
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;
• 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
Page 2 of 3
coverage and not less than ten (10) calendar days advance written notice
for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2018 Insurance Requirements
Fire Extinguisher Inspections, Maintenance and Service
04/11/2018 cg Risk Management
Valid Through 12/31/2018
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ATTACHMENT D: WARRANTY REQUIREMENTS
The Contractor shall provide one-year warranty on repairs and one-year warranty or
manufacturer warranty on fire extinguishers and parts.
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