HomeMy WebLinkAboutC2019-359 - 8/27/2019 - Approved cowsCII%
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i (SERVICE AGREEMENT NO. 2244
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Tire Collection and Recycling/Disposal Services
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1852
THIS Tire Collection and Recycling/Disposal Services Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Texas Land Reclamation, LLC dba UTW Tire Collection
Services ("Contractor"), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Tire Collection and Recycling/Disposal
Services in response to Request for Bid/Proposal No. 2244 ("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 Collection and Recycling/Disposal Services
("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 three years, 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-year 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
$356,400.00, 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. Contractor shall invoice no more
frequently than once per month. 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.
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Service Agreement Standard Formf f 7
Approved as to Legal Form June 24,2019 SECRETARY
scANNED
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: Gabriel Maldonado
Department: Solid Waste
Phone: 361-826-1986
Email:GabrielM3@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.
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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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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: Gabriel Maldonado
Title: Contracts/Funds Administrator
Address: 2525 Hygeia St, Corpus Chirsti, TX 78415
Phone: 361-826-1986
Fax: 361-826-1971
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form June 24, 2019
IF TO CONTRACTOR:
Texas Land Reclamation, LLC dba UTW Tire Collection Services
Attn: Penelope De La Garza
Title: Vice President
Address: P.O Box 1236, Donna, TX 78537
Phone: 956-285-9608
Fax: N/A
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
comply with any of the terms 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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Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. 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.
21. 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.
22. 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).
23. 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.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
25. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
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negotiations, arrangements, agreements and understandings, either oral or
written, betw--• the parties.
CONTRA. TO'
Signature: `d/á Iii)
aI
Printed Name: a 4. 1 •_
Title: J c$,„) -Pre St c 'Q.&
Date: 17— i S--- 3I 1
CITY OF CORPUS CHRISTI
'/ ,
Kim Baker
Director of Contracts and Procurement
ATTEST: re ' __ a 2 ' l
Date: 4E5. ZS ici REB CCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 2244
Exhibit 2: Contractor's Bid/Proposal Response
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Approved as to Legal Form June 24, 2019
_i310 ATTACHMENT A: SCOPE OF WORK
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1852
1.1 Background Information
A. The J.C. Elliott Landfill and Cefe Valenzuela Landfill collects used and/or scrap tires
from residential and commercial customers for disposal or recycling.
B. The Fleet Department - Maintenance services division is responsible for maintaining
all the City owned vehicles and equipment. Maintenance services removes the tire
from the vehicles and equipment if the tire is at the end of its useful life.
C. In 2018, the J.C. Elliott and Cefe Valenzuela landfills collected 256.15 tons and 72.15
tons of used and/or scrap tires respectively. Maintenance services removed 140 tons
of used and/or scrap tires from the vehicles and equipment.
1.2 Tire Collection and Recycling/Disposal
A. The Contractor shall provide tire collection and recycling/disposal services at J.C.
Elliott landfill, Cefe landfill, and Maintenance Services. The J.C. Elliott landfill is
located at 7001 Ayers St, Corpus Christi, TX 78415. The Cefe Valenzuela landfill is
located at the intersection of Farm to Market 2444 and County Road 20, and the
Maintenance services is located at 5352 Ayers St, Corpus Christi, TX 78415. and.
B. The Contractor is responsible for labor, equipment, and transportation necessary for
collecting and recycling/disposing of tires from the location.
C. The Contractor is required to station a minimum of one 40' or greater trailer at each
location for tire collection.
D. The Contractor will collect approximately 300 tons from J.C. Elliott landfill,
approximately 150 tons from Cefe Valenzuela Landfill and approximately 140 tons
from Maintenance services. This is an annual estimate. The City does not guarantee
any minimum tonnages under this contract.
E. The frequency of trailer collection will depend on trailer size. Generally, in a 40' trailer,
the frequency of trailer collection will be approximately 10 days at J.0 Elliott landfill,
approximately 6 weeks at Cefe Valenzuela landfill, and approximately 4 weeks at
Maintenance Services.
F. The City's employee will oversee loading of tires. Every effort will be made to ensure
maximum airspace is utilized to load trailers.
G. The City will notify the Contractor once the trailer is filled. The Contractor shall
remove the trailer within 48 hours of the notification. The Contractor shall bring an
empty trailer to the requested location to replace the filled trailer.
H. The Contractor must be weighted at State certified weigh stations to determine
tonnage.
I. The Contractor shall be responsible for maintenance of trailers located at all sites.
J. The Contractor shall dispose, recycled or processed tires in accordance with all
Federal, State and local rules and regulations.
Page 1 of 3
K. The Contractor shall be responsible for ensuring that used and/or scrap tires are
transported to an authorized facility for recycling and/or disposal.
L. The City of Corpus Christi will not be responsible for the Contractor's illegal action in
handling the tires.
M. The Contractor shall maintain all permits and licenses necessary to perform the
work, shall present proof of its permits and licenses to City representative when
requested.
N. All vehicles used by the Contractor to transport used tires shall display the Company
name and the required tire hauling permits.
0. The removal of trailer from the location shall be limited to 8:00 AM to 4:00 PM,
Monday to Friday excluding City holidays. A list of City holidays will be given upon
award.
P. Tire Collection may include rims and contain dirt and debris. The Contractor must
accept tires in as is condition with no additional charges. Tire loads will not be
segregated by the City in any manner.
1.3 Recordkeeping
A. Transportation of tires must be properly documented via Texas Commission on
Environmental Quality (TCEQ) Whole Used or Scrap Tire manifest form or similar form
approved by State law. The form must be signed by a City employee at the
collection site before they are removed from the collection site.
B. The Contractor must provide copy of completed form within 60 days after the used
and/or scrap tires were transported.
C. The Contractor shall notify the City of any changes to the form.
D. The City reserves the right to act as per local and state law for not providing the form
as per timeline defined by the state law.
E. The Contractor shall maintain records as required per federal, state, and local laws
and regulations.
F. The Contractor shall maintain records in a manner acceptable to the City,
pertaining to tonnage received and disposed/recycled during the contract period.
Each vehicle and container used in the transportation of the used and/or scrap tires
shall be weighed on a certified scale at, or prior to arrival at the Contractor facility,
and again after unloading to determine the net weight of the tires to be processed.
The weight subject to invoicing shall be the net weight of the tires only. There shall
be no additional charges for the use of Contractor's scale.
1.4 Invoicing
The Contractor shall invoice after each collection in accordance with the contract
pricing. The Contractor shall invoice the cost for each location. Along with monthly
invoices, the Contractor must provide support documentation to include a listing of
receipt to include ticket number, tonnage, date, quantity disposed, gross weight, tare
weight, net weight. The City will match receipts with records from the facility collected.
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1.5 Contract Cancellation
The City reserves the right to cancel the contract after three incidents have been
documented to the Contractor of inadequate trailer inventory and/or delays in trailer
removal.
1.6 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.
Page 3 of 3
Attachment B: Bid/Pricing Schedule
°O CITY OF CORPUS CHRISTI
o lbfatit
MI CONTRACTS AND PROCUREMENT
DEPARTMENT
.RPOR.,E° BID FORM
1852
RFB No. 2244
Tire Collection and Recycling/Disposal Services
Date: le- `7 )(( PAGE 1 OF 1
Authorized
Bidder:
/ /
Bidder: _6(.11 R_)G la.Wle i dY, U Signature: A ,A
rfr--
1. Refer to "Instructions to Bidders" and Contract Terms and Condit!•ns 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 Contracts and Procurement 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 - 3 Unit Price Total Price
years
1 Fee to stage trailers and Tons 1800 ..�5 1 ,`f r W
, A C�
collect, transport, process I�� �
and properly recycle
and/or dispose used tires
from the Landfills and
Maintenance Services
Total
ATTACHMENT C: INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor Agency to commence work until all
similar insurance required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1)
copy of Certificates of Insurance (COI) 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 is
required on all applicable policies. Endorsements must be provided with COI. Project
name and or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable
policy endorsements Per occurrence - aggregate
Commercial General Liability Including: $1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises- Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days of
the accident.
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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 an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be
promptly met.
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 a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. 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 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, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation 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 suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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 remove
the exhibit hereunder, and/or withhold any payment(s) if any, which become due to
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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 agreement.
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 agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2019 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services-Services Performed Onsite
04/26/2019 Risk Management- Legal Dept.
BONDS
No bonds are required, therefore Section 5(B) is null to this Service Agreement
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ATTACHMENT D: WARRANTY REQUIREMENTS
No product warranty applies to this Service Agreement therefore, Section 8
Warranty Subsections 8(A) and 8(B) are void.
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