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HomeMy WebLinkAboutC2021-110 - 4/13/2021 - Approved DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 �S c ©� SERVICE AGREEMENT NO. 3507 v Wrecker Services for City Owned Light Vehicles and f�'anwo�alev 1852 Equipment THIS Wrecker Services for City Owned Light Vehicles and Equipment Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and DRR & RS Inc., dba Apollo Towing Service ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Wrecker Services for City Owned Light Vehicles and Equipment in response to Request for Bid/Proposal No. 3507 ("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 Wrecker Services for City Owned Light Vehicles and Equipment ("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 $84,505.50, 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 Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 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: Erlinda Klubertabz Department: Asset Management Phone: (361 ) 826-1903 Email: Erlinda@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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 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. 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 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, 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: Erlinda Klubertanz Title: Interim Assistant Director for Asset Management Address: 5352 Ayers, Corpus Christi, Texas 78415 Phone: (361) 826-4394 Fax: (361) 826-4394 IF TO CONTRACTOR: DRR & RS Inc. - dba Apollo Towing Service Attn: Michael L. Staff Title: Vice- President Address: 6318 Harwick, Corpus Christi, Texas 78417 Phone: (361) 853-0003 Fax: (361) 854-0387 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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:32249AC2-52BC-4464-A05A-84C6EB65B074 CONTRACSigned by: Signature: �a ,ic(�.o d. b. gaff ... Michael L. staff Printed Name: vice President Title: 3/12/2021 Date: C1rT QFCORPUSCHRISTI M2021-074 CA, Authorized By V, 04/13/2021 Josh Chronley Council Interim Assistant Director, Contracts and Procurement Er;DS ��¢Q,,,Date: 4/14/2021 /S1/ Attached and Incorporated by Reference: Attachment A: Scope of Work ATTEST: Attachment B: Bid/Pricing Schedule DocuSigned by: Attachment C: Insurance and Bond Requirements .,, - j Attachment D: Warranty Requirements Rebecca Huerta Incorporated by Reference Only: City Secretary Exhibit 1 : RFB/RFP No. 3507 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:32249AC2-52BC-4464-A05A-84C6EB65B074 Attachment A-Scope of Work 1.1 General Reg uirements/Backaround Information A. City owned vehicles will be towed on an as needed basis. All quantities shown on the pricing schedule are estimates only and no amount of work is guaranteed under this agreement. Vehicles being towed will consist of motorcycles, cars, trucks, vans, and City ambulances. B. Towing and wrecker services will be required both inside and outside the Corpus Christi City limits. C. Wrecker and towing services will be available 24 hours per day, seven days per week, and holidays. D. The City shall have the right to use other wrecker companies listed on the Police Department's Rotation Schedule for emergency equipment such as ambulances, marked and unmarked police cars, and fire department vehicles as conditions and situations may dictate. The determination to use other wrecker companies for emergency equipment shall remain at the sole discretion of the City. E. No cancellation fee will be allowed for cancellations either before or after equipment has been dispatched. F. Wreckers shall be equipped with two-way radios. This is to provide information to the City Garage or Police Department through the Contractor's dispatcher concerning tow cancellations or problems encountered at tow site. G. The Contractor must comply with all Local, State and Federal laws and regulations pertaining to towing of vehicles. H. The Contractor must have no less than two wreckers and one car carrier permitted by the Texas Department of Licensing and Regulation to conduct these tows. These wreckers must have a manufacturer's GVWR of not less than 16,000 pounds. Wreckers must be equipped with a powered winch, winch line (minimum 60 ft.), and/or hydraulic boom with a factory rated lift capacity of not less than 8,000 pounds single line capacity, equipped with a hydraulic wheel lift which is installed, must have a factory-rated lifting capacity of not less than 4,000 lbs. The car carrier must have a GVWR of not less than 19,500 pounds, have a 10,000 pound carrier deck the length of which must not be less than 19 ft long. Revised 11.30.20 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 The car carrier must be equipped with a hydraulic wheel lift with lifting capacity of not less than 3,500 pounds. I. The awarded Contractor shall be prepared to fully perform the duties and responsibilities of this contract; i.e. Contractor must have on hand and operational all required equipment necessary to perform the requirements of this contract at the time of Bid opening. 1.2 Scope of Work The Contractor will be required to perform the following service: A. Tow City vehicles and equipment to and from the City Garage or to other facilities or locations as directed by authorized City personnel. B. Extract vehicles or lift equipment from ditches, mud, guardrails, or other inaccessible areas. (Mud pull). C. Perform those tasks necessary to tow or deliver a vehicle as specified above, i.e.; (1) Disconnect drive shaft, when being towed on drive wheels, OR (2) Remove axles, when being towed on drive wheels, OR (3) Use dolly when necessary OR when (1 ) or (2) above cannot be completed. (4) Release air brakes for vehicles equipped with air brakes as necessary. (5) Secure drive shafting or muffler, etc., as necessary. (6) Attach auxiliary tow lights, (i.e., stop, tail and turn) at tailing end of vehicle being towed. D. Provide all necessary equipment, attachments or tools to perform services indicated above. E. Change wheels on police vehicles, i.e., (remove flat and place in trunk and install serviceable spare) replace hub cap. F. Jump start vehicles and equipment as necessary. (except hybrid or electric vehicles) G. Specific consideration for motorcycles/scooters: Contractor shall provide for the transportation of motorcycles and/or motor scooters by some method other Revised 11.30.20 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 than the use of automobile slings, i.e., a motorcycle trailer or approved licensed (slide-back) wrecker, or approved wheel lift motorcycle sling 1.3 Categories - Vehicles to be towed are classified as follows: A. Category 1 - include, but is not limited to Light trucks, RV trailers, motorcycles, three and four-wheel scooters, cars, vans, trucks and vehicles rated up to and including 9,000 GVWR. B. Category 2-includes but is not limited to dump trucks, utility trucks, flatbed trucks, ambulances, vans, RV's, 5th wheel trailers, and other vehicles within a range from 9,001 GVWR to 19,000 GVWR. Should a conflict occur concerning category of vehicle, the vehicles GVWR rating will be the deciding factor. Extra charges for loaded vehicles will not be permitted. (except for out of ordinary conditions such as loads that are difficult to deal with). 1.4 Work Zone/ Response Time Work Zone: Zones will be circular in nature and will have the center located at the City Garage, City Service Center, at 5352 Ayers. Distances used to describe the zones shall be a radius originating at the City Garage. (See Exhibit A) Zone 1 - Shall be in a six-mile radius from the City Garage and will include the Convention Center, City Transit, Police Department, Municipal Airport, Cuddihy Airfield, Bill Witt Park and the south portion of the Port of Corpus Christi. Zone 2 - Shall be from the outside perimeter of Zone 1 and have an outside radius measured form the City Garage of 10.5 miles or an increased radius of 4.5 miles and will include all of Flour Bluff with the Naval Air Station and as far south as Whiteley Street. Zone 3 -Shall be from the outside perimeter of Zone 2 and shall include all of Padre Island bounded on the north by Mustang Island State Park and on the south by the Nueces/Kleberg County lines and will include the remainder of the City that is in the Corpus Christi City limits to include the Calallen area. A. Outside of Zone 3 Extra Mileage Charges: The City will allow extra mileage charges for tows that originate outside Zone 3. This extra mileage charge shall apply to extra mileage charges necessitated Revised 11.30.20 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 by deviation of route to sanitary landfill or other location prior to delivery to City Garage or change of destination of the tow. B. Estimated activity by zone and category is furnished for contractor's information. Estimates of activity are based on actual number of calls by category and zone for a 12-month period. Response Time: The Contractor will be required to respond to City calls (Police and Fire Department dispatchers and the City Garage) within a reasonable time. Reasonable time is generally determined to be 30 minutes in Zone 1 , 40 minutes in Zone 2, and 60 minutes in Zone 3. In the event the Contractor does not respond in reasonable time, the City shall reserve the right to arrange for services from another wrecker company and charge back the difference to the Contractor. However, the City's right to use other wrecker companies for emergency equipment shall take precedence over the normal response time requirement. Conditions and situations which require the City to use other wrecker companies for emergency equipment, in lieu of the normal response time, will not be charged back to the Contractor. Frequent unreasonable delays causing excessive down-time for City equipment, shall be a cause for contract termination. Revised 11.30.20 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 Exhibit A Revised 11.30.20 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 Ln ^r v �r ... cy ° a ; E E Q co C� 'I'D #� 'R'SAa8 E x 1ME ME O 0 r a a P tim CL w. n �,. .m c r . 0 :3 44,r- 10 r . Revised 11.30.20 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. 1.6 Administrative Requirements A. All bills, tickets, or invoices shall be professionally printed on prepared forms and contain the company's name and a sequential invoice numbering system. B. The following information will be required on each of the invoices/bills prior to submission for processing and payment (1) City unit number. (2) License plate number. (3) Date of tow/service. (4) Name and Signature of police officer or City employee. (5) City Garage's Purchase Order Number. Purchase order number will be secured from City Garage after completion of tow. For tows after working hours, holidays, or weekends, purchase orders will be secured the next working day. (6) Will state basis of billing, i.e., Zone 1 , Category 1, etc., (See Paragraph 4 for zone and category designation. (7) Pickup and delivery point - explanation of added charges. C. Invoicing billing procedures: Invoices will be prepared and delivered to the City Garage at time of service. In cases where service was performed on a holiday or after hours, the invoice/bill will be delivered the following working day. D. Vehicles delivered after working hours or holidays. (1) Will be parked at the City Garage in designated parking slots. In no case will vehicles be left in driveways. (2) Vehicle's will be locked and windows rolled up. (3) Vehicle's key will be placed in the slot provided in the front door of the City Garage marked, "Wrecker Keys". Revised 11.30.20 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 d Aii6li-immiB - Bid/Pricing Schedule ---------------------- SC CITY OF CORPUS CHRISTI 0 CONTRACTS AND PROCUREMENT o BID FORM CORPOR 1E RFB No. 3507 18514 Wrecker Services for City Owned Light Vehicles and Equipment Date: MAVA-7 A PAGE I OF 2 U2 Authorized Bidder: Authorized Bidder: arU o-e jV EAs y R,Atr WrecW fob J01%AW wrakir 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. r, Description ' Unit ,QTY Un�t,Pnc�e ; Total PriceCategory I - 9,000 GVWR Zone I Tow EA 678 $ 57- z5 $ 3%8157. 50 Zone 2 Tow EA 133 $ $ 7j&m Ag' Zone 3 Tow EA 46 $ 57.;x5 $ At 6 53-!�o Mud Pulls EA 27 $ 0. 00 $ 6.60 Category 2 - 9,001-19,000 GVWR Zone I Tow EA 48 $ 1 14.;t 5 $ 5'. M.60 Zone 2 Tow EA 6 -- $ 1714. A5 $ 7457.50 Zone 3 Tow EA 7 $ 1a4. a57 $ 5&9.-7!';' Mud Pulls EA 3 $ 0. 00 $ 0.00 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 Description Unit QTY Unit Price Total Price Jump Start Zone 1 EA 69 $ U.DO $ U•fX> Zone 2 EA 70 $ 0.00 $ 0•b0 Zone 3 EA 3 $ 0.00 $ 0.00 Police Flat Zone 1 EA 240 $ .54.95 $ �3.,1�$,00 Zone 2 EA 240 $ 54.95 $ 1:V 58.00 Zone 3 EA 10 $ 95 $ Dolly Use Zone 1 EA 3 $ 0.00 $ 0.00 Zone 2 EA 3 $ 0.00 $ 0.60 Zone 3 EA 3 $ 0.00 $ 0.00 Extra Mileage EA 750 $ 1.25 $ 937.50 Total $ S4-,!5657 5L,7 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property cancellation, non-renewal, material Damage change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Cargo/On Hook Towing Coverage $500,000 DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit General Wrecker Services Contractors 04/13/2020 Risk Management - Legal Dept. DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. Insurance; Bonds Subsection (B) is null for this service agreement. DocuSign Envelope ID:32249AC2-52BC-4464-A05A-84C6EB65B074 Attachment D - Warranty Requirements Warranty is not required for this service agreement; therefore, Section 8 -Warranty, subsection 8 (A) and 8 (B) is null and void.