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fir SERVICE AGREEMENT NO. 2710
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\ APaa��o Building Maintenance Services for CCFD
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THIS Building Maintenance Services for CCFD Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and DarPro Commercial Construction, LLC ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Building Maintenance Services for CCFD
in response to Request for Bid/Proposal No. 2710 ("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 Building Maintenance Services for CCFD
("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 two 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 three additional one-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
$90,000, 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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SEC1 j
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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:
Gerardo Garcia
Fire Department
361-826-8427
GerardoG@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 001 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: Gerardo Garcia
Fire Captain
2406 Leopard St., Corpus Christi, TX 78408
Phone: 361-826-8427
Fax: 361-826-4228
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IF TO CONTRACTOR:
DARPRO Commercial Construction, LLC
Attn: Darryl A. Prosek
Managing Partner
P.O. Box 18278, Corpus Christi, TX 78480
Phone: 361-939-1111
Fax: 361-937-6003
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, between the parties.
CONTRACTOR
Signature: L...-- S:S .
Printed Name: AtZ-P., Lo _• K
Title: l Gt_r'1 cico lawl E v"
Date: 21{1411Cj
CITY OF CORPUS CHRISTI
Y.,1,-;,., ‘2_, FxJC,Lt.,
Kim Baker
Director of Contracts and Procurement ) V FF.-tit/441A,
ATTEST: (
Date: 61 (1 , 19, RE 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. 2710
Exhibit 2: Contractor's Bid/Proposal Response
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Attachment A: Scope of Work
1.1 General Requirements/Background Information
A. The Contractor shall provide building maintenance services to the
Corpus Christi Fire Department (CCFD) on an as needed basis, under a
job order contract.
B. All work performed must be accomplished in a manner that meets all
applicable specifications, trade standards and provisions, and federal,
state, and local codes and regulations.
C. The Contractor shall be responsible for providing all the materials, labor,
equipment, tools, and services necessary to complete the required work.
D. The Contractor shall provide a payment bond if the job/work order
exceeds $50,000 and a performance bond if the job/work order exceeds
$100,000.
E. As per Texas Occupation code Title 6, Subtitle A (Regulation of
Engineering and Related Practices), if the job order involves
Electrical/Mechanical engineering and an estimate exceeds $8,000,
then the City of Corpus Christi shall engage a licensed Professional
Engineer.
F. As per Texas Occupation code Title 6, Subtitle A (Regulation of
Engineering and Related Practices), if the job order does not involve
Electrical/Mechanical engineering and an estimate exceeds $20,000,
then the City of Corpus Christi shall engage a licensed Professional
Engineer.
G. The Contractor shall install, repair, modify, paint, or perform the work as
per the Contractor Administrator's needs, requirements, plans or
procedures.
H. The Contractor shall have, in place, an employee safety program.
Page 1 of 6
I. The Contractor is responsible for making repairs to damaged items during
the completion of work or as a result of action or inactions by
Contractor's staff.
1.2 Repairs
The Contractor shall perform the following services including but not limited
to the following:
A. Wood work: Perform minor woodwork, install wood structures, frame out
new walls, perform trim work, install moldings,work on cabinetry, personal
lockers, etc.
B. Dry wall: Install new sheet rock, repair holes, tape and float, apply
textures, prime, and paint.
C. Flooring: Remove or install all types of flooring including tile, carpet,
laminates in bathrooms, offices and all other spaces as necessary.
D. Paint: Prepare, sand, prime and paint interior or exterior walls and other
surfaces.
E. Remodel: Perform minor modifications to existing buildings, walls, doors,
windows interior and exterior finishes.
F. Additions: Add walls, closets, doors, windows, electrical devices, new
plumbing fixtures, etc.
G. Minor electrical: Perform minor electrical work, re-routes, modifications,
only while performing construction work or remodeling projects.
H. Minor plumbing: Perform minor plumbing work on copper pipes, PVC
pipes, PEX tubing, valves, faucets, showers, sinks, etc. only while
performing construction work or remodeling projects.
I. Repairs: Walls, windows, doors, floors, and ceilings, ceramic tile in
bathrooms and showers, cabinets, lockers, sinks, roofs, patch asphalt or
concrete driveways.
J. Demolitions: Remove walls, doors, windows, lockers, light fixtures,
cabinets, and other items as necessary. May also remove or cap off
pipes, utility lines, fixtures, faucets as needed.
Page 2 of 6
K. Installations: Install equipment, sheds, AC window units, shelving,
windows, shutters and shades, floor and ceiling tiles, carpeting or
planking, gates, fencing, flagpoles, countertops and laminate.
L. Other Services: Deliver sandy loam, dirt, gravel, crushed limestone or
other materials to the stations, fill holes on the exterior of the stations
caused by erosion and grade yards to maintain the proper water runoff
and drainage slope. Plant grass, trees, and plants.
1.3 Service Call
A. The CCFD will provide the job/work order before commencement of
services, which must be signed by the City and the Contractor before
work begins.
B. Job/work order pricing will be based on unit costs outlined in the
bid/pricing schedule.
C. In order to minimize overstaffing, the CCFD shall provide work description
in the Work order or explain by email/phone. Based on description, the
Contractor will have a general idea of the work prior to commencement.
The Contractor shall not overstaff for job repairs and the CCFD reserves
the right to pay the price based upon customary trade practices.
D. The Contractor shall perform service calls during normal working hours
8:00am to 5:00pm excluding City holidays. The Contractor shall be on
site within two hours or within an agreeable time frame determined by
the Contract Administrator.
E. Emergency service calls are defined as an event which requires
immediate actions to prevent a hazard to life, health, safety, and
property. The Contractor shall be on site within an agreeable time frame
determined by the Contract Administrator.
F. The Contractor shall check in with the Contract Administrator at the
location upon arrival and check out after completion of work.
G. If the Contractor is required to leave the premises to obtain
parts/materials, personnel at the stations or the Contract Administrator
must be notified.
Page 3 of 6
1.4 Service Personnel
A. The Contractor shall ensure that all personnel are continuously trained to
meet the latest industry standards.
B. The Contractor shall ensure that all crews are fully and properly equipped
to perform services promptly and safely without delay. All personnel shall
wear a uniform including safety equipment and any company issued
photo identification. Contractor's employees working on site shall wear
clothing with an identification logo bearing the name of the company.
All personnel shall be neatly dressed in shirts, safety shoes and long pants.
Shorts or torn clothing are unacceptable. If performing electrical work,
the clothing worn shall be suitable and in accordance with NFPA 70E
requirements.
C. The City has the right to reject any service personnel and the Contractor
is liable to deploy new personnel if the service personnel does not
perform as per the requirement.
1.5 Recordkeeping and Invoicing
A. The Contractor shall establish and maintain a log delineating complete
and accurate records of all repairs, parts, supplies, and materials for
each location for the term of the contract. The Contractor shall update
the logs after each service defined in the contract.
B. Each month, the Contractor shall submit the invoice for repair services to
the Contract Administrator. The invoice must contain the following:
• Total hours billed, itemized by position and hourly rate
• Work order number /job ticket
• Copies of all invoice for parts/materials
• Approval for payment shall be authorized by the Contract
Administrator
1.6 Safety
A. The Contractor shall barricade or place cones around the work area
before commencing services.
B. The Contractor shall safeguard the area while services are being
performed.
Page 4 of 6
C. The Contractor shall try to minimize any interference with the day to day
operations of the building occupants.
D. The Contractor shall be responsible for assuring the safety of its
employees, City employees, and the public during performance of all
services.
E. The Contractor shall not store worn or defective parts on City premises at
the end of the work day, unless otherwise approved by the Contract
Administrator or designee.
F. The Contractor must clean work site from debris or hazards after
completion of work.
G. The Contractor shall dispose all worn/defective parts, oils, solvents, in
accordance with all applicable laws, rules and regulations as to ensure
the highest level of safety to the environment and public health.
1.7 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.
1.8 Warranty
A. The Contractor shall provide one-year warranty on workmanship.
B. The Contractor shall provide one-year warranty or manufacturer warranty
on all new parts.
C. Any additional service call to repair deficiencies, previously addressed,
will not be considered for payment.
1.9 Work Locations
The Contractor shall perform building maintenance services to the following
locations:
Page 5 of 6
Station Phone Address/Zip
1 361-826-8054 514 Belden / 78401
2 361-826-1245 13421 Leopard St. / 78410
3 361-826-1250 1401 Morgan Ave. / 78404
4 361-826-1247 2338 Rodd Field Rd. / 78414
5 361-826-4648 3105 Leopard St. / 78408
6 361-826-8071 6713 Weber Rd. / 78413
7 361-826-8075 3722 S. Staples / 78411
8 361-826-8077 4645 Kostoryz / 78415
9 361-826-1255 501 Navigation Blvd. / 78408
10 361-826-1258 1550 Horne Rd. / 78416
11 361-826-8073 910 Airline Rd. / 78412
12 361-826-8120 2120 Rand Morgan Rd., / 78410
13 361-826-8080 1802 Waldron Rd. / 78418
14 361-826-8150 5901 S. Staples St. / 78413
15 361-949-9934 14202 Commodores Dr. / 78418
16 361-826-4183 8185 State Hwy 361 / 78418
17 361-826-8050 6869 Yorktown / 78414
18 361-826-8061 6226 Ayers St. / 78415
Fire Administration 361-826-3900 2406 Leopard-Suite 300 / 78408
Shop/Warehouse 361-826-3923 1501 Holly Rd. / 78417
EMS Central n/a 209 S. Carancahua / 78401
HazMat Central n/a 3312 Leopard St. / 78408
Page 6 of 6
e Attachment B: Bid/Pricing Schedule
(-- CITY OF CORPUS CHRISTI
I 4 CONTRACTS AND PROCUREMENT
DEPARTMENT
',1..aptE° BID FORM
2
RFB No. 2710
Building Maintenance Services for CCFD
`a� / 1� PAGE 1 OF 1
Date: /
Authorized �___
Bidder: Co lre)aci )C_ Cc�c ,jjSignature: :-- �---- _ -`tea --
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 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 Descriptio_n UNIT QTY Unit Total
Price Price
1 Labor HRS 500 bq/g$if to, ccQ
Item Description Estimated Spend Markup Allowance + Mark up
(7)
2 Parts/Materials $30,000 (®,.S % 3I , `c S-0
Total di 5 ) L[So .s�- _
Note: The total amount shown above is for bid purposes only. The contract value
is a predetermined amount established and published in the RFB as this is a job
order contract.
Attachment C: Insurance and Bond 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 one
(1 ) copy of Certificates of Insurance with applicable policy endorsements showing
the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. The City must be listed as an additional insured on the General
liability and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be provided
with Certificate of Insurance. Project name and/or number must be listed in
Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part B
(All States Endorsement if Company is of this Exhibit.
not domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
Page 1 of 3
POLLUTION LIABILITY $1,000,000 Per Incident Limit
(Including Cleanup and remediation) $1 ,000,000 Aggregate
3. 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.
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. Best's 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 Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations, and
activities of or on behalf of the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the
City of Corpus Christi where the City is an additional insured shown on the policy;
Page 2 of 3
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
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 contract.
2019 Insurance Requirements
Fire Department
General Contractor Services to Include Asbestos Abatement
03/14/2019 sw Risk Management
Bond will be required as outlined on the Scope of Work, Section 4:
subsection 4.3; Job Order (C)
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Attachment D: Warranty Requirements
1 . The Contractor shall provide one-year warranty on
workmanship.
2. The Contractor shall provide one-year warranty or manufacturer
warranty on all new parts.
3. Any additional service call to repair deficiencies, previously
addressed will not be considered for payment.
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