HomeMy WebLinkAboutC2021-047 - 3/2/2021 - Approved DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
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SERVICE AGREEMENT NO. 97834
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Communication Towers Maintenance for IT
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THIS Communication Towers Maintenance for IT Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Alpha Omega Wireless, Inc. ("Contractor'), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Communication Towers Maintenance for
IT in response to Request for Bid/Proposal No. TIPS Coop 200105 ("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 Communication Towers Maintenance for IT
("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, or the performance date listed in the
notice to proceed, whichever is later. 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
$110,160.00, 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 December 15, 2020
DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
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:
Phillip Grant
Information Technology Department
361-826-3845
PhillipG2@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
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Approved as to Legal Form December 15, 2020
DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
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 December 15, 2020
DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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: Phillip Grant
IT Infrastructure Manager
1201 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-3845
Fax: n/a
IF TO CONTRACTOR:
Alpha Omega Wireless, Inc.
Attn: Terry Donovan
Inside Sales Manager
8708 S. Congress Ave., Suite 8260, Austin, TX 78745
Phone: 512-788-7231
Fax: 512-298-1646
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,
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Approved as to Legal Form December 15, 2020
DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
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.
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
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Approved as to Legal Form December 15, 2020
DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
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.
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.
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form December 15, 2020
DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
CONTRACTOR
DocuSigned by:
Signature:
2B758D2D37DE[AB—
Printed Name: Terry Donovan
Title: sales Manager
Date: 1/28/2021
M2021-042 Authorized By
Council 03/02/2021
CITCU
YoC�FebORPUS CHRISTI
ig l / n 1 Er
�DyS �Q,,l �' "-QVCCl�S 1/
Josh Chronley
Interim Assistant Director, Contracts and Procurement
Date:
3/3/2021
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule ATTEST:
DocuSigned by:
Attachment C: Insurance and Bond Requirements L,-�" ("CUIV,fill
Attachment D: Warranty Requirements
Rebecca Huerta
Incorporated by Reference Only: City Secretary
Exhibit 1 : RFB/RFP No. TIPS Coop 200105
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form December 15, 2020
DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
G�
fpr �,M3
`� - W Attachment A: Scope of Work
WeO&pa.v.M�+v�DoR�0.yItA
14:
Scope of Work:
The City of Corpus Christi's Information Technology Department uses wireless
communication systems to support the city's network where there is no cable
infrastructure. The City will require Contractor service, support, parts, and labor to keep
the systems in full operation.
Contractor shall provide annual support and maintenance through their custom silver
plan to include all radios and antenna systems on the 17 towers listed below as well as
maintenance inspections of the towers. The City of Corpus Christi will provide radio
and antenna hardware.
A. Support service included can be referenced below;
1 . 8 Hours of on-call annual support per tower.
2. Technical phone support between 8:OOAM and 5:OOPM, Monday through Friday.
3. Response within 1 hour by phone.
4. Onsite visits for troubleshooting or repair.
5. Onsite visits by the next business day in the morning.
B. The following will be performed during each site visit:
1 . Test the stability of the wireless link.
2. Test RSL's against benchmarked standard.
3. Test antenna alignment and performance.
4. Test cabling for functionality and damage.
5. Inspection and replacement of weather proofing.
6. Inspection and repair of power and connections.
7. Inspection and repair of grounding and lightning protection.
8. Update radio firmware.
9. Verify throughout and system's settings.
10. Perform spectrum analysis.
C. The Contractor shall handle the RMA process for any manufacture equipment
under warranty. Additionally, they will perform all services to de-install the failed
system and will re-install the replacement system.
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DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
D. The Microwave Communication Systems are located throughout the City of Corpus
Christi, at the following addresses.
1 . Carmel Water Tower
509 Carmel Pkwy, Corpus Christi, TX 78411
27043'58.60"N / 97022'30.77"W
2. Cefe Landfill Tower
2397 Co Rd 20, Robstown, TX 78415
28038'4.57"N/ 97034'7.40"W
3. Choke Canyon Tower
Park Rd, Three Rivers, TX 78071
28028'3.49"N / 98015'2.58"W
4. Coral Vines Water Tower
14201 Allamanda Dr, Corpus Christi, TX 78414
27034'48.34"N / 97014'6.34"W
5. Fleet Tower
Civitan Dr, Corpus Christi, TX 78414
27043'41 .08"N / 97025'31 .17"W
6. Flour Bluff Water Tower
2029 Division Rd, Corpus Christi, TX 78414
27039'38.02"N / 97018'31 .94"W
7. Gollihar Water Tower
2221 Gollihar Rd, Corpus Christi, TX 78415
27044'44.08"N / 97025'22.32"W
8. Holly Pump Station Tower
4925 Holly Rd, Corpus Christi, TX 78411
27042"1 / 97023"1
9. KRIS Studios TV Tower
5002 S Padre Island Dr, Corpus Christi, TX 78411
27042'48.27"N / 97022'46.52"W
10.Mathis Dam Tower
Co Rd 365, Sandia, TX 78383
280 2'1 3.93"N / 97052'20.97"W
11 .Navigation Pump Station Tower
310 Navigation Blvd, Corpus Christi, TX 78408
27047'23.27"N / 97027'8.48"W
12.ON Stevens Tower
13101 Leopard St, Corpus Christi, TX 78410
27051'33.08"N / 97037'24.65"W
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DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
13.ON Stevens Water Tower
13101 Leopard St, Corpus Christi, TX 78410
27°51'28.34"N / 97037"10.91"W
14. Rand Morgan Tower
2120 Rand Morgan Rd, Corpus Christi, TX 78410
27049"1 5.69"N / 97032'46.78"W
15. Rand Morgan Water Tower
9355 Leopard St, Corpus Christi, TX 78409
27049'29.61"N / 97032'49.41"W
16.Sinton Tower
504 Harvill St, Sinton, TX 78387
280 1'27.60"N / 97030'25.67"W
17.Staples Pump Station Tower
Co Rd 43, Corpus Christi, TX 78415
27039'2.71"N / 97026'20.47"W
E. The point of contact for this agreement is:
Phillip Grant
IT Infrastructure Manager
City of Corpus Christi
1201 Leopard St
Corpus Christi, TX 78401
Phone: (361 ) 826-3845
E-mail: F h ii II II ii p. g. . :':..e;::.e;::.:ll:.� a.: s.,c a::a irn
.................................... ....................................................................
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DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
Product & Services Agreement Y`
Date Alpha Omega Wireless,Inc.
City of Corpus Christi 01/21/2021 8708 S.Congress Ave
Suite 8260
Attention:Phillip Grant
1201 Leopard Street Valid To Austin,TX 78745
04/21/2021
Corpus Christi,TX 78401
Quote Number
Corpus Christi202OG-Silver
Support
Alpha Omega Wireless is providing the following prices for product and/or services listed below as a budgetary
statement. For a complete Statement of Work and complete build of materials list,a site survey must be
performed.
Costs Quantity Rate Amount
Annual Support&Maintenance-Months 1-12-Custom Silver 17.00 2,160.00 36,720.00
(Discounted Price)
List-$450 per Tower Climbers Team
(TIPS-20%=$360 x 6 hours per tower)
(6 x$360=$2,160 per tower)
Year 1-Term:12 Months
Includes all radios and antenna systems on the towers
and maintenance inspections of the towers.
Radio&Antenna hardware not included.
Annual Support&Maintenance-Months 13-24-Custom Silver 17.00 2,160.00 36,720.00
(Discounted Price)
List-$450 per Tower Climbers Team
(TIPS-20%=$360 x 6 hours per tower)
(6 x$360=$2,160 per tower)
Year 2-Term:12 Months
Includes all radios and antenna systems on the towers
and maintenance inspections of the towers.
Radio&Antenna hardware not included.
Annual Support&Maintenance-Months 25-36-Custom Silver 17.00 2,160.00 36,720.00
(Discounted Price)
List-$450 per Tower Climbers Team
(TIPS-20%=$360 x 6 hours per tower)
(6 x$360=$2,160 per tower)
Year 3-Term:12 Months
Includes all radios and antenna systems on the towers
and maintenance inspections of the towers.
Radio&Antenna hardware not included.
Subtotal 110,160.00
Taxable 0.00
Total 110,160.00
TIPS AGREEMENT#200105
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DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
Attachment C: Insurance Requirements
A. CONTRACTOR'S LIABILITY INSURANCE
1. 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.
2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of
Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum
coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed
as an additional insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI.
Project name and or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable 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) $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
3. 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.
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 an
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DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will
be promptly met.
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 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
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,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.
5. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor
shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall
have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
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 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.
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 agreement.
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DocuSign Envelope ID: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
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 agreement.
9. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
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: 191 B7E9B-7F1 F-4F83-B7CB-467C3CE4F533
Attachment D: Warranty Requirements
No warranty is required for this service agreement; therefore,
Section 8-Warranty, subsection 8(A) and 8(B) are null and
void.
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