HomeMy WebLinkAboutC2021-005 - 1/12/2021 - Approved DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
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1A1� A,,r SERVICE AGREEMENT NO. 3315
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Portable Toilet Rental for Beach Operations
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1852
THIS Portable Toilet Rental for Beach Operations Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and BP Rental Services, LLC dba CC Rentals ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Portable Toilet Rental for Beach
Operations in response to Request for Bid/Proposal No.3315 ("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 Portable Toilet Rental ("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 the
Contracts and Procurement Department. 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 by written amendment 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
$80,750.00, 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.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 9, 2020
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DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
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: Roberta Rodriguez
Department: Parks and Receration
Phone: 361-826-3166
Email: RobertaO@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.
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
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
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.
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
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: Roberta Rodriguez
Title: Contracts and Funds Administrator
Address: 1201 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-3166
IF TO CONTRACTOR:
BP Rentals, LLC dba CC Rentals
Attn: Ricky Priest
Title: Vice President
Address: 726 N. Clarkwood Rd., Corpus Christi, TX 78409
Phone: 361-265-3013
Fax: 361-265-3016
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form March 9, 2020
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DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
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
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.
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
22. 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.
23. 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).
24. 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.
25. 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.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
27. 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.
CONTRAC FcuSigned by:
ray Prusf 01/12/2021
Signature: „Q,�R��G�,.,QA Authorized By
Ricky Preist M2021-002
Printed Name: Council
T 03
Title: President MIS-6
11/24/2020
Date:
CITY OF CORPUS CHRISTI ATTEST:
,-DocuSigned by: &•fr.".4‘
cuSigned by:
LO .for 114444
hltl�55E584Ec.. „7,az,,n3,s47e
Rebecca Huerta
Director of Contracts and Procurement City Secretary
1/13/2021
Date:
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. 3315
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
ATTACHMENT A: SCOPE OF WORK
1. General Requirements/Background Information
The Contractor shall provide rental, delivery, cleaning, maintenance, and service of
chemical portable toilets, both standard units and ADA wheelchair accessible. The
chemical portable toilets will be rented on a monthly, weekly, or daily basis including
holidays, weekends, and special events around theCity.
2, Rental Units
A. Contractor shall comply with all sanitary conditions set forth in the City Codes
and Ordinances as administered by the City-County Health Department.
B. Contractor shall provide all equipment and supplies required to place,
pickup,clean, service, repair and/or relocate units.
C. Contractor shall provide portable chemical toilet units fabricated from fiberglass,
PVC plastic, or polyethylene. Each unit shall bear its own identification system of
numbers, letters, or combination.
D. All units must be delivered free of graffiti and damages. All units delivered must
be clean and in full functioning condition. Any units not meeting these standards
must be replaced within 24 hours, at no charge to the City.
E. Contractor shall provide and maintain a written service log affixed to the inside
of each portable unit. The service log shall list the date(s) of each maintenance
service visit and initials of the individual(s) whom performed the service.
F. Contractor shall provide units with doors that are self-closing, tight fitting, and
shall have an inside lock. The exterior of the door shall include an occupancy
meter to indicate when unit is occupied and unoccupied.
G. Contractor shall remove all tank waste, clean and disinfect the inside, including
but not limited to, the waste tank, walls, door, toilet seat, and floor, at no
additional cost to City.
H. Contractor shall properly dispose of all waste products removed from the
portable toilets during the servicing and sanitizing. Contractor's employee will
inspect all units being serviced during cleaning procedures. Any units damaged
or non-functional must be reported to the Contractor's area manager by the
Contractor's employee and replaced within 24 hours.
Page 1 of 2
DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26064F7B91
3. Schedule
A. In-Season Months: April through September
1. The Contractor will supply Beach Operations with ten standard portable toilet
units and ten ADA portable toilet units during in-season months.
2. Contractor shall service and sanitize all units four times a week during the in-
season months. Service days will be Tuesday, Friday, Saturday, and Sunday.
B. Off-Season Months: October through February
1. The Contractor will supply Beach Operations with ten ADA portable toilet units
during off- season months.
2. Contractor shall service and sanitize all units three times a week during the off-
season months. Service days will be Tuesday, Friday, and Sunday.
C. Spring Break(Month of March, Year 2021, 2022, 2023)
1. Contractor shall supply 10 Standard units (to be put next to each ADA unit)
for the month of March for year 2021, 2022 and 2023.
2. Contractor shall service and sanitize all units (10 standard and 10 ADA units)
six times a week during the month of March for year 2021, 2022 and 2023.
D. Non-Schedule and Holiday Service:
1. Contractor shall service and sanitize all units (10 standard and 10 ADA units) 1
extra time per holiday (Memorial Day, 4th of July and Labor Day).
2. Contractor will be notified by the Beach Operations Contract Administrator of
extra services requested during spring break and/or holidays.
3. In the event of non-scheduled rentals of a week or less, the Contractor shall
provide more frequent servicing and sanitation as required by the Beach
Operations Contract Administrator.
4. Contractor shall provide extra ADA units and non-scheduled services within 12
hours after Contractor receives request.
5. Contractor shall move units from place to place on various job sites at no
additional cost as requested by the Contract Administrator. Units are to be
moved within 12 hours after Contractor receives request.
4. Estimated Location Areas:
A. Access Road 2
B. Access Road 3A
C. Newport Pass
D. JP Luby Beach
E. Southside of Packery Channel
F. Whitecap
G. Seawall Area
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DocuSign Envelope ID 416FACB1-6CD7-4047-8EBE-7E26D64F7B91
ATTACHMENT B: QUOTE AND PRICING SCHEDULE
G4uscgA CITY OF CORPUS CHRISTI
iII CONTRACTS AND PROCUREMENT DEPARTMENT
BID FORM
4CO,p0 0E0
1852 RFB No. 3315
Portable Toilet Rentals for Beach Operations
PAGE 1 OF 3
Date: /1--- 12 -do0
Authorized
Bidder: CCRen-lAi` &4i errir Signature:
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.
He Description Unit QTY Unit Total Months Extended
m Price Cosi
In-Season Months : April through September
Standard
1 Portable Toilet
Rental and EA 10 x $Idn•w = $ o,,,o x 18 = $oVj600
Services four
times per week _
ADA
2 Portable Toilet
Rental and EA 10 x $411°' = $02(-2‘L-1) x 18 = $
Services four
times mer week
DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
Item Description Unit QTY Unit Total Months Extended
Price Cost
Off-Season Months: October through February
ADA
3 Portable Toilet EA 10 x $7S%L`' = $ 7C°'44) x 15 = $ j/,aSo.
Rental and
Services three
times per week
Spring Break : Month of March, Year 2021, 2022, 2023
Standard
Portable Toilet
4 Rental Service EA 10 x $70,u0 = $ 7c0,L x 3 = $a/oQv`'
i
and Sanitize six
times per week
ADA
5 Portable Toilet
Rental Service EA 10 x $ b1 u2 = $ 91D't-D x 3 = $ c2,7a°. w
and Sanitize six
times per week
Item Description Unit QTY Unii Total Daily Extended
Price Cosi
Holiday Service: Memorial Day, 4th of July and Labor Day
Standard
6 Portable Toilet EA 10 x $ w = $1/379-/,‘) x 9 = $ yo s"'vim
Rental Service
and Sanitize 10
Units
ADA
Portable Toilet
7 Rental Service EA 10 x $6S = $6.5al7 x 9 = $
and Sanitize 10
Units
Non-Scheduled
Standard
8 Portable Toilet EA 80 x $ yn,o) = $ V00.0)x 1 = $ 3 at2i 0,2
Rentals and
Services
I
DocuSign Envelope ID:416FACB1-6C07-4047-8EBE-7E26D64F7B91
,
ADA
9 Portable Toilet EA 80 x $ 60,r a = $41000,0) x 1 = $ y8c.717-
Rentals and
Services
GRAND TOTAL $ 8c,%jo .7'
r,` so.00
DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
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, required Bodily Injury and Property Damage
on all certificates or by applicable policy Per occurrence - aggregate
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) $500,000 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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DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
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.
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DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
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 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.
BOND REQUIREMENTS:
No bonds are required therefore, service agreement 3315, Section 5 Insurance; Bond Section
5 (B) is hereby void.
2020 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
06/08/2020 Risk Management - Legal Dept.
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DocuSign Envelope ID:416FACB1-6CD7-4047-8EBE-7E26D64F7B91
ATTACHMENT D: WARRANTY REQUIREMENTS
No warranty is required therefore, Service Agreement 3315, Section 8, Warranty
Requirements subsections 8(A)and (B) are hereby void.
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