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HomeMy WebLinkAboutC2019-564 - 10/15/2019 - Approved I h�a � 40. SERVICE AGREEMENT NO. 2318 Moving and Relocation Services 1852 THIS Moving and Relocation Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Advance Paving and Construction ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Moving and Relocation Services in response to Request for Bid/Proposal No. 2318 ("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 Moving and Relocation 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 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 $150,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form May 3,2019 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: 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 May 3, 2019 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form May 3, 2019 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, Texas 78415 Phone:(361 () 826-1983 Fax: (361) 826-1989 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form May 3, 2019 IF TO CONTRACTOR: Advance Paving and Construction Attn: Daniel J. Gonzales Title: Owner Address: 4425 Jose Drive, Corpus Christi, Texas 78416 Phone: (361) 739-3869 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form May 3, 2019 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. 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. 24. 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. [Signature Page Follows] Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form May 3, 2019 CONTRACTOR Signature: 7 P�✓ Printed Name: Daniel J Gonzales Title: Owner Date: 8/28/2019 CITY OF CORPUS CHRISTI e ?)ait.t, Kim Baker Director of Contracts and Procurement p ATTEST: �/C.k Gt�C/v Y'"� Date: �O. �w . l l REBECCA PUERTA 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: .1 .Au,nv•u..' Exhibit 1: RFB/RFP No. 2318 Exhibit 2: Contractor's Bid/Proposal Response .P44IT C, CIL 10-15---,La.- - '1 j AS SECRETARY Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form May 3,2019 Section 4 - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide moving and relocation services to City owned locations listed in the Scope of Work. The Contractor shall provide services on an as needed basis, under a job order contract. The Contractor shall have sufficient responsible, trained personnel qualified to provide the required services. 1.2 Scope of Work A. The Contractor shall furnish labor, supervision, supplies, materials, tools, equipment, and transportation necessary to perform Moving and Relocation Services for all locations. Work to be performed under this contract will include, but is not limited to, the following: 1. Move packed boxes and associated items 2. Securing furniture to be moved or relocated 3. Move or relocate furniture and associated items from one office to another in the same building 4. Move or relocate furniture and associated items from one office to another location 5. Loading and driving 6. Estimating 7. Clean-up 8. Disposal services (removing unwanted items and proper disposal) 9. Material pick-up and delivery 10. Equipment moving 11. Table and chair set-up and break-down B. The Contractor and all personnel assigned the work shall have experience with the above listed services. C. The Contractor shall provide a written estimate and receive a job order to proceed before beginning any work. D. Information shall be provided to the Contractor through job order or phone request. In the event of an emergency need job order shall be given after placing phone requests. E. Contractor personnel shall be available to take those job orders. F. Contractor shall provide an estimate based on the job order. G. Estimates shall include labor, materials and any equipment necessary to perform the work in accordance with the contract pricing sheet. H. The Contractor is responsible for making repairs or replacement of any material or equipment damaged during the completion of work or as the results of action Revised 6.20.18 or inaction by Contractor's staff. After completion of services, Contractor shall report back to the Operation Superintendent or designee. If any services under this service agreement cannot be performed, the Contractor shall immediately notify the Operation Superintendent at telephone number 361/510-1597. Contractor shall provide assessments and make recommendations. 1.3 Service Call A. The Asset Management Staff will provide the job order before commencement of services which must be signed by the City and the Contractor before the work begins. B. Job order pricing will be based on unit costs outlined in the Bid/Priding Schedule. 1.4 Security Personnel The Contractor shall assure that all crews are fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to this service agreement shall wear a uniform, including safety equipment and any company issued photo identification. Contractor's employees working on site shall wear clothing with an identifiable logo bearing the name of the company visible from 15 feet always. All personnel shall be neatly dressed in shirts, safety shoes, and long pants. Shorts or torn clothing are unacceptable. The Contractor shall conduct background checks for all personnel before assigned to work under this agreement. 1.5 Recordkeeping The Contractor shall establish and maintain a log delineating complete and accurate records of all job orders (labor, equipment and materials) for each location for the term of the Contract. The Contractor shall update the logs after each service defined in the Contract. 1.6 Invoicing Each month, the Contractor shall submit the invoice plus a copy of the job order for all services to the City. Invoices shall include: 1. Work description, Job Order Number, Location and date of services. 2. All hours billed, itemized by hourly rate for labor. 3. Approval for payment shall be authorized by the Contract Administrator or Operation Superintendent. 1.7 Work Locations A. The Contractor shall perform moving and relocation services as needed to the following locations: BUILDING Address Zip Code 1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416 2 City Hall 1201 Leopard St, Corpus Christi, TX 78401 3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415 4 Police Department 321 John Sartain St, Corpus Christi, TX 78401 Revised 6.20.18 5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401 6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408 7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415 Broadmoor Senior 8 Center 1651 Tarlton St, Corpus Christi, TX 78415 Ethel Eyerly Senior 9 Center 654 Graham Rd. Corpus Christi, TX 78418 Garden Senior 10 Center 5325 Greely Dr, Corpus Christi, TX 78412 Greenwood Senior 4040 Greenwood Dr, Corpus Christi, 11 Center TX 78416 Lindale Senior 12 Center 3135 Swantner St, Corpus Christi, TX 78404 Northwest Senior 13 Center 9725 Up River Rd, Corpus Christi, TX 78410 Oveal Williams Senior 14 Center 1414 Martin Luther King Dr, CC, TX 78401 15 Zavala Senior Center 510 Osage St, Corpus Christi, TX 78405 La Retama Central 16 Library 805 Comanche St, Corpus Christi, TX 78401 17 Garcia Public Library 5930 Brockhampton St, CC, TX 78414 Janeth Harte Public 18 Library 2629 Waldron Rd, Corpus Christi, TX 78418 Hopkins Public 19 Library 3202 McKenzie Rd, Corpus Christi, TX 78410 4044 Greenwood Dr, Corpus Christi, 20 McDonalds Library TX 78416 Neyland Public 21 Library 1230 Carmel Pkwy, Corpus Christi, TX 78411 Joe Garza 22 Recreation Center 3204 Highland Ave, Corpus Christi, TX 78405 Lindale Recreation 23 Center 3133 Swantner St, Corpus Christi, TX 78404 Oak Park Recreation 24 Center 842 Erwin Ave, Corpus Christi, TX 78408 Oso Recreation 25 Center 11 1 1 Bernice Dr, Corpus Christi, TX 78413 Solomon Coles Rec 26 Center 924 Winnebago St, Corpus Christi, TX 78401 Science and History 1900 N Chaparral St, Corpus Christi, 27 Museum TX 78401 Al Kruse Tennis 28 Center 502 King St, Corpus Christi, TX 78401 29 HEB Pool Complex 1520 Shelly St, Corpus Christi, TX 78404 30 HEB Tennis Court 1520 Shelly St, Corpus Christi, TX 78404 31 Central Kitchen 4141 Old Brownsville Rd, CC, TX 78405 Revised 6.20.18 32 0 N Stevens Plant 13101 Leopard St, Corpus Christi, TX 78410 33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415 Oso Wastewater 34 Treatment Plant 501 Nile, Corpus Christi, TX 78412 6541 Greenwood Dr, Corpus Christi, 35 Greenwood WWTP TX 78417 36 Broadway WWTP 1402 W Broadway, Corpus Christi, TX 78401 Laguna Madre 37 WWTP 201 Jester St, Corpus Christi, TX 78418 White Cap Waste 38 WWTP 13409 White Cap St, Corpus Christi, TX 78418 Allison Wastewater 39 Treatment Plant 4101 Allison St, Corpus Christi, TX 78410 40 Cefe Landfill 2397 Co.Rd.20, Robstown, TX 78380 J C Elliot Transfer 41 Station 6594 Greenwood St, Corpus Christi, TX 78415 42 Unknown locations City Wide B. Special Instructions: 1. If the service personnel do not perform as required by this Agreement, the City has the right to reject the personnel and the Contractor is liable to deploy new personnel. 2. The Contractor shall report to the Operation Superintendent or designee at the location upon arrival. 3. If the Contractor is required to leave the premises to obtain parts or other materials, the Operation Superintendent or designee must be notified. Working hours spent outside the premises will not be considered as billable hours. 4. The Contractor must clean work site from debris or hazardous items after completion of work. 1.8 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 ensure it complies with the contract requirements. Revised 6.20.18 Attachment B - Bid/Pricing Schedule GOvsc CITY OF CORPUS CHRISTI e.,sl CONTRACTS AND PROCUREMENT v v DEPARTMENT MDRIOPp tO BID FORM 1852 RFB No. 2318 Moving and Relocation Services PAGE 1 OF 1 Date: y I I Authorized , Bidder: Ajd6VIefv16115101Crit4 Signature: lli L L- V 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contract 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 Unit Price Total Price 1. Labor for Moving and 700 HRS $ a•2 O� $1106 Relocation Services D , 2. Labor After Hours, 5:00pm to 100 HRS $ 99, 0 $ Q 90 8:00pm to include weekends I Total $ ry�., ,:z 1/15(,Uig Note: The total amount shown above is for bid purposes only. The Contact value is a predetermined amount established and published in the RFB as this is a job order contract. Attachment C - Insurance Requirements 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 GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements. 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'S COMPENSATION Statutory and complies with Part II of this Exhibit. Employers Liability $500,000/$500,000/$500,000 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 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. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 04/26/2019 Risk Management- Legal Dept. Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. Insurance; Bonds Subsection (B) is null for this service agreement. Attachment D - Warranty Requirements No specific warranty requirements are necessary for this service agreement; therefore, Section 8. Warranty, Sub Section (B) is null for this service agreement.