HomeMy WebLinkAboutC2021-058 - 3/16/2021 - Approved DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
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H SUPPLY AGREEMENT NO. 3364
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Stopple Equipment Parts
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THIS Stopple Equipment Parts Supply Agreement ("Agreement") is entered into by
and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and TDW (US), Inc. ("Contractor'), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Stopple Equipment Parts in response to
Request for Bid No. SS-3364 ("RFB"), which RFB includes the required scope of work and
all specifications and which RFB and the Contractor's bid response 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 Stopple Equipment Parts 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.
"Goods," "products," and "supplies," as used in this Agreement, refer to and have
the same meaning.
2. Term. This Agreement is for three years. 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
$612,537.94, subject to approved extensions and changes. Payment will be made
for goods delivered 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:
Supply Agreement Standard Form Page 1 of 8
DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
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: Maria Morales
Department: Gas Operations
Phone: (361 ) 885-6945
Email: MariaM@cctexas.com
5. Insurance. 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. To the extent of risks and liabilities expressly
assumed by Contractor in this Agreement, 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.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products 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 products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance, but such inspection and/or acceptance shall occur no later than
thirty (30) days after delivery after which all products supplied will be deemed
accepted. Any products that are delivered but not accepted by the City must
be corrected or replaced within the cure period as set forth in Section 19(A) of this
Agreement at no charge to the City. If immediate correction or replacement at
no charge within this period cannot be made by the Contractor, a replacement
product may be bought by the City on the open market and any costs incurred,
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DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
including additional costs over the item's bid price, must be paid by the
Contractor within 30 days of receipt of City's invoice.
8. Delivery. Contractor shall deliver the Goods - F.O.B. Destination, Freight Prepaid
and Added (charged back to the City on invoice), and risk of loss of Goods shall
pass to the City when Goods are placed at the City's disposal for unloading at
the destination address. Title to Goods shall pass to the City upon receipt by
Contractor of full payment for the Goods.
9. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects in material and workmanship, fit
for their normal purpose. The Contractor warrants that it has clear title to the
products and that the products are free of liens or encumbrances.
(B) Contractor's warranties hereunder exclude remedy for damage or defect
caused by abuse, casualty, negligence, modifications or repair not performed by
Contractor, improper or insufficient maintenance, improper storage, improper
operation, including contrary to Contractor's instructions or warnings, or normal
wear and tear. In respect of Goods provided but not manufactured and/or not
designed by Contractor, Contractor's liability shall be limited to passing through
to the City the benefit of any warranty provided by the vendor(s) of such products.
Contractor shall cooperate with the efforts of the City to enforce such warranties
with any such vendors, and Contractor shall assign, without cost to the City, all
such warranties from vendors.
(C) The products purchased under this Agreement shall be warranted by the
Contractor or, if indicated in Attachment D by the manufacturer, for the warranty
period and subject to warranty disclaimers stated therein. Attachment D is
attached to this Agreement and is incorporated by reference into this Agreement
as if fully set out here in its entirety.
10. Quality/Quantity Adjustments. Any 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.
11. 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
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DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
12. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products 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).
13. 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 in an attachment to this
Agreement. 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.
14. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
15. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
16. 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. The City must provide Contractor on annual basis with valid tax
certificate(s) to enable Contractor to be exempt from paying any sales and/or
use taxes on any Goods, otherwise the Contractor shall be entitled to invoice the
City and City shall be obligated to compensate Contractor the amount of such
taxes.
17. 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:
Supply Agreement Standard Form Page 4 of 8
DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
IF TO CITY:
City of Corpus Christi
Attn: Maria Morales
Title: Construction System Support Work Coordinator
Address: 4225 S. Port, Corpus Christi, Texas 78415
Phone: (361 ) 826-6945
Fax: (361) 853-3200
IF TO CONTRACTOR:
TDW (US), Inc.
Attn: John Hove
General Counsel
6120 S. Yale Avenue #1700, Tulsa, OK 74136
918-447-5298
18. 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 REASONABLE EXPENSES
OF LITIGATION, REASONABLE COURT COSTS, REASONABLE ATTORNEYS'
FEES AND EXPERT WITNESS FEES ("LOSSES'), WHICH ARISE OUT OF OR IN
CONNECTION WITH A BREACH OF THIS AGREEMENT BY 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 SUCH
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. WHEN
ANY OF THE LOSSES ARE THE RESULT OF JOINT OR CONCURRENT
NEGLIGENCE OF ANY MEMBER OF INDEMNITEES OR CONTRACTOR, THE
INDEMNITOR'S DUTY OF INDEMNIFICATION SHALL BE IN PROPORTION TO
ITS ALLOCABLE SHARE OF NEGLIGENCE.
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DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
19. 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 (which
reasonable period shall be at least ten (10) business days from the date of receipt
of written notice of breach), 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, subject to Contractor having been first given a reasonable
opportunity to cure as per section 19(A) of this Agreement.
(C) Notwithstanding the foregoing, The City may not terminate this Agreement in
respect of any delivered Goods or any engineered-to-order Goods (whether
delivered or not), and Contractor shall be compensated for any costs incurred up
to the time of termination.
20. 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.
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:
Supply Agreement Standard Form Page 6 of 8
DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
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.
28. Limitation on Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ANY
RELATED DOCUMENT TO THE CONTRARY, IN NO EVENT SHALL THE CITY OR
CONTRACTOR (OR ANY AFFILIATED ENTITY OF EITHER OF THEM) BE LIABLE TO THE
OTHER OR TO ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, CONSEQUENTIAL,
INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO,
ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF PRODUCT OR PRODUCTION, LOSS
OF USE, OR DAMAGE TO BUSINESS REPUTATION, HOWEVER CAUSED OR ON ANY
THEORY OF LIABILITY AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT
OR ANY RELATED DOCUMENT TO THE CONTRARY, IN ADDITION TO THE FOREGOING
LIMIT, A PARTY'S MAXIMUM AGGREGATE LIABILITY TO THE OTHER PARTY (INCLUDING
CONTRACTOR'S LIABILITY TO "INDEMNITEES") BASED ON ANY ACTIONS OR
INACTION OF A PARTY RELATED TO, OR ARISING FROM, THIS AGREEMENT AND/OR
THE GOODS, IRRESPECTIVE OF THE NATURE OF THE DAMAGES, NUMBER OF
CLAIMANTS, THE NUMBER OF BREACHES, THEORIES OF LIABILITY (WHETHER BASED
UPON A THEORY OF NEGLIGENCE, PRODUCTS LIABILITY, INDEMNITY, STRICT LIABILITY,
Supply Agreement Standard Form Page 7 of 8
DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
STATUTORY DUTY, BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT), OR THE
NUMBER OF CAUSES OF ACTION ("CLAIMS"), SHALL BE LIMITED TO THE AMOUNT OF
TOTAL COMPENSATION DUE TO THE CONTRACTOR UNDER THE PURCHASE RELEASE
ORDER GIVING RISE TO THE STATED CLAIM(S), PER PURCHASE RELEASE ORDER,
INCLUSIVE OF ANY PAYMENTS TO THE CITY BY CONTRACTOR'S INSURANCE
CARRIERS. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF SUCH
LIMITATION RESULTS IN ANY REMEDY SPECIFIED IN THIS AGREEMENT TO FAIL OF ITS
ESSENTIAL PURPOSE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE
TERMINATION, CANCELLATION OR EXPIRATION OF THIS AGREEMENT.
CONTRACTOR
by:
Signature:LDocuSigned
Printed Name:
Kevin McNaughton
Title: Manager, Regional Sales - South us
Date: 3/1/2021
C17 OFbCORPUS CHRISTI 032378
Authorized By
CA,
Lr7anZ7 � Council 03/16/2021
Josh hron ey
Interim Assistant Director of Contracts and Procurement
DS
Date: 3/17/2021 r;n
_t?
7apey,,f D AS TO LEGAL FORM:
QIVKLt gwV1n—r4,?j 3/4/2021
Assistant City Attorney Date
Attached and Incorporated by Reference: ATTEST:
Attachment A: Scope of Work DocuSigned by:
Attachment B: Bid/Pricing Schedule .. -.. . �
Attachment C: Insurance Requirements 'uer
Attachment D: Warranty Requirements Rebecca Hu
City Secretary
Incorporated by Reference Only:
Exhibit 1 : RFB No. 3364
Exhibit 2: Contractor's Bid Response
Supply Agreement Standard Form Page 8 of 8
DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
Attachment A - Scope of Work
1.1 General Requirements
A. The Contractor shall supply pipeline parts and equipment for the City
of Corpus Christi - Gas Department to be used on TDW equipment.
B. The parts/equipment will be ordered on an as needed basis.
Attachment B - Pricing Schedule contains all the negotiated prices.
C. The orders will be placed by telephone or email. The Contractor shall
deliver goods no later than two weeks after receipt of a purchase
order. If the product is out of stock, the Contractor shall provide an
estimated lead time with justification.
D. The Contractor shall ship items to:
City of Corpus Christi
Gas Department
4225 South Port Ave.
Corpus Christi, TX 78415
E. The Contractor shall guarantee the equipment/materials with the
maximum standard warranty provided. If any items found, defective,
unusable, or inoperable the Contractor shall arrange for return
shipment at no cost to the City.
F. No restocking fee or payment of any kind shall be owed, or orders
cancelled due to Contractor's inability to meet the deadline delivery
date.
G. All contract prices are F.O.B. destination, inside delivery to the City of
Corpus Christi Gas Department Facility.
1.2 Invoicing
The Supplier shall mail the original invoice to the address below and email
a copy toa „ri%a' C?e~„e~II„ a„ e a;airri„ along with Contact name, Org, and
Division.
City of Corpus Christi
Accounts Payable
PO Box 9277
Corpus Christi, TX 78469-9277
DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
City of Corpus Christi Price Sheet
Contracts and Procurement
Department
Senior Buyer:Cynthia Perez Stopple Parts for TDW Equipment
Total Qty of
Parts: Total Parts Cost: Total Parts I YR 1 Qty I Yr.2 Qty I Yr.3 Qty I Total Parts:I YR 1 Cost I Yr.2 Cost I Yr.3 Cost I Total Cost for Parts:
Gas Construction 502 $597,491.32 320 111 106 103 320 $149,675.66 $196,756.66 $208,881.00 $555,313.32
Maintenance of Operations 182 64 60 58 182 $17,956.00 $12,856.00 $11,366.00 $42,178.00
Total of Total of Total of Total Qty of Total Cost YR Total Cost Yr.
Qty Yr.1 Qty Yr.2 Qty Yr.3 Parts: 1 2 Total Cost Yr.3. Total Cost for Parts:
175 166 161 502 $167,631.66 $209,612.66 $220,247.00 $597,491.32
Freight $9,540.42
Total Cost on Parts: $607,031.74
Mark Up 2.5%for Year Mark Up-YR3
$5,506.20
Grand Total
$612,537.94
DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
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DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
Attachment C - Insurance Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable 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' 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.
II. ADDITIONAL REQUIREMENTS
DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
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.
2020 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
02/07/2020 Risk Management - Legal Dept.
DocuSign Envelope ID:CC159AFF-F764-4751-B551-OE8E5729B3A1
Attachment D - Warranty Requirements
(A) The Contractor warrants that all products supplied under this Agreement are new,quality
items that are free from defects in material and workmanship, fit for their normal purpose. The
Contractor warrants that it has clear title to the products and that the products are free of liens
or encumbrances.
(B) Contractor's warranties hereunder exclude remedy for damage or defect caused by
abuse, casualty, negligence, modifications or repair not performed by Contractor, improper or
insufficient maintenance, improper storage, improper operation, including contrary to
Contractor's instructions or warnings, or normal wear and tear. In respect of Goods provided but
not manufactured and/or not designed by Contractor, Contractor's liability shall be limited to
passing through to the City the benefit of any warranty provided by the vendor(s) of such
products. Contractor shall cooperate with the efforts of the City to enforce such warranties with
any such vendors, and Contractor shall assign, without cost to the City, all such warranties from
vendors.
(C) Contractor's warranties hereunder shall be available for a limited period of twelve (12)
months from delivery of the Goods.
(D) EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN THIS ATTACHMENT D TO THE
AGGREMENT CONTRACTOR MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED.
CONTRACTOR DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO
THE EXTENT APPLICABLE.