HomeMy WebLinkAboutC2021-072 - 3/23/2021 - Approved DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
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SERVICE AGREEMENT NO. 3311
AIRCRAFT RESCUE FIRE TRUCKS REPAIRS INSPECTIONS AND
''aawro�at�v
xs MAINTENANCE
THIS Aircraft Rescue Fire Trucks Repairs, Inspections, and Maintenance Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City") and Global ARFF Services, LLC
("Contractor'), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Aircraft Rescue Fire Trucks Repairs,
Inspections, and Maintenance in response to Request for Bid/Proposal No. 3311
("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 Aircraft Rescue Fire Trucks Repairs, Inspections, and
Maintenance ("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 five 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
$394,530.36, 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.
Service Agreement Standard Form-Airport Page 1 of 8
DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
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:Chief, John Hyland
Department: Corpus Christi International Airport
Phone: (361) 289-0171 Ext. 1221
E-mail: tylerm@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 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
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DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
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.
7. Inspection and Acceptance. Any Services 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.
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DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
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.
12. Subcontractors. In performing the Services, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments and Changes. This Agreement may be amended or modified only
by written change order signed by both parties. Change orders may be used to
modify quantities as deemed necessary by the City. Any changes that alter the
method, price, or schedule of work must be allowable, allocable, within the scope
of any federal grant or cooperative agreement, and reasonable for the
completion of the project scope.
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 related 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: John Hyland
Title: Chief of Public Safety
Address: Corpus Christi International Airport
1000 International Drive, Corpus Christi, Texas 78406
Phone: (361 ) 289-0171 Ext.1221
IF TO CONTRACTOR:
Global ARFF Services, LLC
Attn: Shayne Lawrence
Title: Service Manager
Address: 1610 E. Main Street, Waxahachie, Texas 75165
Phone: (877) 912-9991
Cell: (214) 538-4739
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DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
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) Termination for Cause. 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) Termination for Convenience. 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. In the event of termination for convenience,
the Contractor will be compensated for all Services performed prior to the date
of termination. The City shall have no further obligations to the Contractor.
19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates
or breaches any provision of the Agreement, the City may pursue any other claims
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DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
or causes of action available under the law. No specific sanctions or penalties
apply to this Agreement except those that are otherwise available under the law.
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.
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.
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DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
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. Federal Funding Requirements. This project is subject to requirements provided for
the Federal Aviation Administration (FAA) and/or other federal agencies. A set of
Federal Requirements has been attached as Attachment E, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. The Contractor must comply with Attachment E while performing the
Services. The Contractor will insert in any subcontracts all Federal
Provisions/Requirements contained in the Agreement, such other clauses as the
FAA, or its designee may by appropriate instructions require and a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
prime Contractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with all the contract clauses.
[Signature Page Follows]
Service Agreement Standard Form-Airport Page 7 of 8
DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
CONTRACTOR
Signature[DocuSigned by:B32541021BF942F...
Printed Name: Shayne Lawrence
Title: SERVICE MANAGER
Date: 3/18/2021
CITY OF CORPUS CHRISTI
ocuSigned by:
Jos;i� iron ey
Interim Assistant Director, Contracts and Procurement
Date: 3/24/2021
APr^PRROVED AS TO LEGAL FORM 032390
6ocuSignedby. Authorized By
Qtwtt,t, a�CbV1n—I�t t,� 3/18/2021 03/23/2021
Council
Assistant City Attorney Date
DS
Attached and Incorporated by Reference: Er S-15
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements ATTEST:
DocuSigned by:
Attachment D: Warranty Requirements
ll
Attachment E: Federal Requirements �
Rebecca Huerta
Incorporated by Reference Only: City Secretary
Exhibit l : RFB/RFP No. 3311
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form-Airport Page 8 of 8
DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
3S Q".
r ATTACHMENT A: SCOPE OF WORK
PROJECT NAME: Corpus Christi International Airport Public Safety Preventive
Maintenance and Performance Inspections of Aircraft Rescue and Fire Fighting (ARFF)
Vehicles.
PROJECT ADDRESS: Corpus Christi International Airport
1000 International Drive
Corpus Christi, TX 78406
SCOPE OF WORK:
I. The Contractor shall provide Preventive Maintenance and Performance
Inspections. for the Airport Public Safety Department to verify that each
apparatus is performing to the manufacturer's, National Fire Protection (NFPA) 41 ,
Standard for Aircraft Rescue and Fire Fighting Vehicles (Current Addition), and
Federal Aviation Administration (FAA) AC 150/5220-10 Section 6.4, Guide
Specifications for ARFF vehicles.
II. The designated inspector must have attended training and be authorized to
conduct the inspections as per the manufacturer's requirements. Proper
documentation, including a verification certificate to perform, inspections and
repairs, and itemized documentation report for each vehicle must be provided
to the Contract Administrator.
III. Contractor shall submit an estimate to the Contract Administrator for any repairs
that will be needed.
IV. Preventive Maintenance and Performance Inspection of ARFF Vehicles shall
include but is not limited to the following systems:
a. Drive Train Components (including, engine, cooling, transmission, exhaust,
brake, electrical, hydraulic, suspension, and fuel systems)
b. Fire Suppression Systems (including Agent tanks, piping, couplings, valves, fire
pump, pressure relief valves, drains, level indicator lights and sensors, water
tank including overflows).
c. AFFF Foam System (including tank, drains, piping, valves, turrets, discharges,
intakes, gauges, nozzles, flushing, AFFF transfer pump, foam proportioning
including a verification of correct percentage of flow from each discharge).
d. Vehicle turrets including High Reach and Low Attack Turrets, under truck
nozzles and both dual agent and single agent handlines as applicable.
e. Dry Chemical System (including hydrostatic test dates, piping, valves, tanks,
Nitrogen cylinders,
f. Closed Circuit and Thermal Imaging Camera Systems (including monitors,
cameras, and DVRs).
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DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
g. Electrical System and Warning Devices (including batteries, alternator, battery
charger, emergency and work lighting, spot and flood lights, scene lights,
audible warning devices, power receptacles and auxiliary generator.
h. Testing (including AFFF Conductivity, Speed and acceleration, Drop Tank,
agent flow distancing and pattern)
V. Contractor shall coordinate with Administrator so that the inspection and testing
process shall occur at CCIA prior to the annual FAA Part 139 Inspection.
Typically, this inspection occurs in the month of June each year but is subject to
change. Contractor shall provide a complete itemized inspection report of the
whole vehicle including any discrepancies, and an estimate cost for parts and
repairs for each discrepancy.
VI. Contractor shall perform testing and preventive inspections on the following
vehicles:
Rescue 1 (R1) Unit 1015*
2001 Oshkosh IT 1500-S
Serial #: 1 0TBK8Z1 S070406
Class 4 ARFF Vehicle
*This unit will be replaced in 2021 with a new Oshkosh Global Stryker 1500
w/ HRET and will be part of the inspection and testing SA for years two
through five of this agreement. Administrator will notify vendor when
new vehicle is placed in service and the unit number.
Rescue 2 (R2) Unit 1063
2018 Oshkosh Global Stryker 1500 w/ HRET
Serial #: 10TADLJF5JA785037
Class 4 ARFF Vehicle
Rescue 3 (R3) Unit 1064
2006 E-One Titan HPR 4x4
Serial # 4ENGAAA8161000081
Class 4 ARFF Vehicle
Rescue 4 (R4): Unit 1078
2008 Ford F550 /Crash Rescue Quick Attack vehicle
Serial #: 1 FDXX46Y38ED61800
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DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
Go,�us
o �� ATTACHMENT B: QUOTE/PRICING SCHEDULE
CITY OF CORPUS CHRISTI
NflPORAEQUOTE FORM
1852
1. Refer to"Sample Service Agreement"Contract Terms and Conditions before completing quote.
2. Quote your best price, including freight, for each item.
3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at
independently, without consultation, communication, or agreement with any other vendor or
competitor, for the purpose of restricting competition with regard to prices.
Invitation to quote, FOB Destination, Freight Included, on the following:
DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL
ANNUAL INSPECTIONS
Annual Testing & Preventative Inspection
for Aircraft Rescue Fire Trucks-CCIA
Unit No. 1015-Rescue 1 7,935.44
Unit No. 1063-Rescue 2 4 Ea 1,983.86
Unit No. 1064-Rescue 3
Unit No. 1078-Rescue 4
Year One
Annual Testing & Preventative Inspection
for Aircraft Rescue Fire Trucks -CCIA
Unit No.TBD- Rescue 1 8,173.52
Unit No. 1063-Rescue 2 4 Ea 2,043.38
UI iI No, 1064-Rescue 3
Unit No. 1078-Rescue 4
Year Two
Annual Testing & Preventative Inspection
for Aircraft Rescue Fire Trucks - CCIA
Unit No.TBD- Rescue 1 81418.72
Unit No. 1063-Rescue 2 4 Ea 2,104.68
Unit No. 1064-Rescue 3
Unit No. 1078-Rescue 4
Year Three
Annual Testing & Preventative Inspection
for Aircraft Rescue Fire Trucks - CCIA
Unit No.TBD- Rescue 1 8,671 .28
Unit No, 1063-Rescue 2 4 Ea 2,167.82
Unit No. 1064-Rescue 3
Unit No. 1078-Rescue 4
Year Four
Annual Testing & Preventative Inspection
for Aircraft Rescue Fire Trucks-CCIA
Unit No.TBD- Rescue 1 8,931 .40
Unit No. 1063-Rescue 2 4 Ea 2,232.85
Unit No. 1064-Rescue 3
Unit No. 1078-Rescue 4
Year Five
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DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
LABOR AND REPAIRS
Labor-Regular Hours 33,125.00
(Monday- Friday, 8AM-5PM) 250 Hrs 132.50
Year One
Labor-Regular Hours 34,125.00
(Monday- Friday, 8AM-5PM) 250 Hrs 136.50
Year Two
Labor- Regular Hours 35,125.00
(Monday- Friday, 8AM-5PM) 250 Hrs 140.50
Year Three
Labor-Regular Hours 36,125.00
(Monday- Friday, 8AM-5PM) 250 Hrs 144.50
Year Four
Labor- Reaular Hours 37,500.00
(Monday- Friday, 8AM-5PM) 250 Hrs 150.00
Year Five
Labor-After-Hours, Weekends, Holidays, 15,250.00
Emergencies 100 Hrs 152.50
Year One
Labor-After-Hours, Weekends, Holidays, 15,750.00
Emergencies 100 Hrs 157.50
Year Two
Labor-After-Hours, Weekends, Holidays, 16,250.00
Emergencies 100 Hrs 162.50
Year Three
Labor-After-Hours, Weekends, Holidays, 16,750.00
Emergencies 100 Hrs 167.50
Year Four
Labor-After-Hours, Weekends, Holidays, 17,250.00
Emergencies 100 Hrs 172.50
Year Five
0,750.00
Travel and Lodging -Allowance 5 Yrs 1,750.00
Estimated Mark-up Total Parts
Spend 70 +/_
PARTS
+/-
PARTS / MATERIALS / FABRICATION
$80,000.00 8 % 86,400.00
(five-year estimate)
394,530.36
TOTAL
COMPANY: Global ARFF Services LLC
NAME OF PERSON AUTHORIZED TO SIGN: Shayne Lawrence
ADDRESS: 1362 E. Richey Rd CITY / STATE/ZIP: Houston, TX 77073
PHONE: 972-576-1200 EMAIL: slawrence@siddons-martin.com
FAX: 972-576-1202 DATE: 01/18/2021
Digitally signed by Shayne
Shayne Lawrence Lawrence
SIGNATURE: Date:2021.01.1911:33:33-0600' TITLE:Service Manager
THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES.TO WAIVE ANY INFORMALITIES OR
IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER
DATE.
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DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
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.
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) $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
GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles While
COVERAGE including: in Care, Custody or Control
1 . Physical Damage on a Direct Primary Basis
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
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DocuSign Envelope ID: B038802D-74B5-4816-8681-OE85CE1 D2DB1
required on all applicable policies. Endorsements must be provided with COI. Project
name and or number must be listed in Description Box of COI.
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
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:
E. 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;
F. 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.
a. Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
b. Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not
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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.
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 bond requirements, therefore, Agreement Section 5 Insurance; Bond subsection 5(B), is
hereby void.
2020 Insurance Requirements
Ins. Req. Exhibit 4-J
Contracts for General Services - Services Performed Onsite - Garage Keepers
04/14/2020 Risk Management - Legal Dept
Page 3 of 3
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ATTACHMENT D: WARRANTY REQUIREMENTS
All parts and labor shall be warrantied for a minimum of 90 days.
Page 9 of 19
RFQ Revised 4.19.2019
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ATTACHMENT E:
FEDERAL REQUIREMENTS
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E1 GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color,national origin, sex,
age, or disability be excluded from participating in any activity conducted with or benefiting from
Federal assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the
completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights
Act of 1964.
E.2 Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself,its assignees, and successors in
interest(hereinafter referred to as the "Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor(hereinafter includes consultants)will
comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they
may be amended ftom time to time,which are herein incorporated by reference and made a
part of this contract.
2. Nondiscrimination: The Contractor,with regard to the work performed by it during the
contract,will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors,including procurements of materials and leases of equipment.
The Contractor will not participate directly or indirectly in the discrimination prohibited by
the Nondiscrimination Acts and Authorities,including employment practices when the
contract covers any activity,project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts,including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding or negotiation made by the Contractor for work
to be performed under a subcontract,including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the Contractor of the
contractor's obligations under this contract and the Nondiscrimination Acts and Authorities
on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required
by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to
its books,records, accounts, other sources of information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain
compliance with such Nondiscrimination Acts and Authorities and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal
Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain
the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract,the sponsor will impose such contract sanctions as
it or the Federal Aviation Administration may determine to be appropriate,including,but not
limited to:
a. Withholding payments to the Contractor under the contract until the Contractor
complies; and/or
b. Cancelling,terminating, or suspending a contract,in whole or in part.
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6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract,including procurements of materials and leases of
equipment,unless exempt by the Acts,the Regulations, and directives issued pursuant
thereto. The Contractor will take action with respect to any subcontract or procurement as
the sponsor or the Federal Aviation Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the Contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Contractor may request the sponsor to enter into any litigation to protect the
interests of the sponsor. In addition, the Contractor may request the United States to enter
into the litigation to protect the interests of the United States.
E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself,its assignees, and successors in
interest(hereinafter referred to as the "Contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color,national origin);
49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §
460 1) (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended(prohibits
discrimination on the basis of disability); and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended(42 USC § 6101 et seq.) (prohibits discrimination
on the basis of age);
Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended(prohibits
discrimination based on race, creed, color,national origin, or sex);
The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms "programs
or activities"to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors,whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the
basis of disability in the operation of public entities,public and private transportation systems,
places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as
implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color,national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations,which ensures nondiscrimination against minority populations by
discouraging programs,policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance,national origin discrimination includes discrimination because of
limited English proficiency(LEP). To ensure compliance with Title VI,you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
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Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating
because of sex in education programs or activities (20 USC 1681 et sec).