HomeMy WebLinkAboutC2021-225 - 9/14/2021 - ApprovedSupply Agreement Standard Form Page 1 of 7
Approved as to Legal Form December 15, 2020
SUPPLY AGREEMENT NO. 3530
Hot Mix Asphaltic Concrete Pavement Material
THIS Hot Mix Asphaltic Concrete Pavement Material Supply Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and Berry Contracting, LP dba Bay, Ltd.
(“Contractor"), effective upon execution by the City Manager or the City Manager’s
designee (“City Manager”).
WHEREAS, Contractor has bid to provide Hot Mix Asphaltic Concrete Pavement
Material in response to Request for Bid No. 3530 (“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 Hot Mix Asphaltic Concrete Pavement Material 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 two additional one-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
$9,223,677.90, 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:
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Supply Agreement Standard Form Page 2 of 7
Approved as to Legal Form December 15, 2020
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: Velma Pena
Department: Public Works Department
Phone: (361) 826-1933
Email: VelmaP@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. 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. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item’s bid price, must be paid
by the Contractor within 30 days of receipt of City’s invoice.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Supply Agreement Standard Form Page 3 of 7
Approved as to Legal Form December 15, 2020
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.
9. 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
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such 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.
12. Subcontractors. In providing the Goods, 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.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Supply Agreement Standard Form Page 4 of 7
Approved as to Legal Form December 15, 2020
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: Velma Pena
Title: Contracts and Funds Administrator
Address: 2525 Hygeia Street Corpus Christi, Texas 78415
Phone: (361) 826-1933
Fax: (361) 826-3545
IF TO CONTRACTOR:
Berry Contracting, LP dba Bay Ltd.
Attn: Matthew R. Beal
Title: Estimating Manager
Address: P.O. Box 9908, Corpus Christi, Texas 78469
Phone: (361) 693-2100
Fax: (361) 289-2304
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
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Supply Agreement Standard Form Page 5 of 7
Approved as to Legal Form December 15, 2020
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor’s failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20.Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
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.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form December 15, 2020
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.
(SIGNATURE PAGE FOLLOWS)
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form December 15, 2020
CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
_________________________________________________
Josh Chronley
Assistant Director, Contracts and Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. 3530
Exhibit 2: Contractor’s Bid Response
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6
ESTIMATING MANAGER
MATTHEW R. BEAL
9/16/2021
DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
___________________Authorized By
Council ________________________09-14-2021
M2021-176
9/16/2021
ATTEST:
_____________________________
Rebecca Huerta
City Secretary
Revised 11.30.20
Attachment A- Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide Hot Mix Asphaltic Concrete Pavement Material on an
as-needed basis. The material will be utilized for street maintenance repairs and
street paving projects as outlined in this Scope of Work.
1.2 Scope of Work
A. Hot Mix Asphaltic Concrete Pavement, PG 64-22, Type B (Fine Graded Base Surface),
in accordance with Special Specification 3076 Dense-Graded Hot-Mix Asphalt of the
Texas Department of Transportation 2014 Standard Specification.
B. Hot Mix Asphaltic Concrete Pavement, PG 64-22, Type C (Coarse Graded Surface), in
accordance with Special Specification 3076 Dense-Graded Hot-Mix Asphalt of the
Texas Department of Transportation 2014 Standard Specification.
C. Hot Mix Asphaltic Concrete Pavement, PG 70-22, Type C (Coarse Graded Surface), in
accordance with Special Specification 3076 Dense-Graded Hot-Mix Asphalt of the
Texas Department of Transportation 2014 Standard Specification.
D. Hot Mix Asphaltic Concrete Pavement, PG 64-22, Type D (Fine Graded Surface
Coarse), In accordance with Special Specification 3076 Dense-Graded Hot-Mix
Asphalt of the Texas Department of Transportation 2014 Standard Specification.
E. Hot Mix Asphaltic Concrete Pavement, PG 64-22, Type F (Fine Grade Mixture Coarse),
in accordance with Special Specification 3076 Dense-Graded Hot-Mix Asphalt of the
Texas Department of Transportation 2014 Standard Specification.
F. Availability Requirements
1. The Contractor must guarantee that during peak loading hours, the City will be
afforded the opportunity to have a Pothole designated truck to be loaded first in
lieu of every-other-truck arrangement. The Contractor may guarantee to have on-
site a minimum 15-ton capacity, independently heated, storage silo, to be
maintained and available at all times. This requirement is to assume the City’s
Pothole Program is cost-effective accessing material being purchased avoiding
unnecessary delays.
2. The Contractor must guarantee that during Peak loading hours, the City will be
afforded the opportunity to have all other truck loaded at the plant belonging to
the City with a first come first loaded arrangement based on material type order
by the City.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Revised 11.30.20
3.The pickup point must be within Nueces County. Material should be available for
pickup daily Monday thru Friday between the hours of 7:00am - 5:30pm. Failure to
service City trucks, as outlined above will result in a deduction from the monies
due to the Contractor in the form of liquidated damages. Liquidated damages
will be assessed at $1,000.00 per day.
4. The Contractor must guarantee that the materials furnished is in compliance with
the specifications. If material is found not to be in compliance with the
specifications, the City will be credited for the purchase price. In addition, the
vendor will be responsible for all costs incurred by the City for removing defective
material and replacing with acceptable material.
1.3 Specification Requirements
If the hot mix is not meeting the City specifications, the City reserves the right to
request the following services:
A. Testing
1.The City reserves the right to request the Contractor to provide material in
accordance with the specifications herein to a laboratory designated by
the City for testing and inspection.
NOTE: The City of Corpus Christi will hire a designated laboratory and the
Contractor shall cooperate with the laboratory at all times to be sure that
the material meets City specifications.
2.If the laboratory tests indicate that the material provided to the City does
not meet specifications. the City reserves the right to reject the material and
the Contractor will be obligated to remove and replace rejected material
with materials that meet specifications.
3.It shall be understood that the cost of all certified laboratory tests and reports
on material necessary to control the quality of material delivered, according
to the City specifications, shall be borne by the City only on materials tested
which meets City specifications. The cost of testing materials that does not
meet City specifications shall be borne by the Contractor.
B. Material Samples These guidelines will be followed when submitting material
samples for testing. These samples will be used to solve any questions or disputes
that arise during the contract period.
1.The Contractor will send material being offered for sample testing to a
laboratory designated by the City of Corpus Christi.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Revised 11.30.20
2.When the Contractor sends sample material for testing, the Contractor will
also enclose a letter of transmittal signed by an agent of the Contractor who
submitted the material. The letter will delineate the kind of material.
producer, location, and source of material. The exterior of the container
utilized to transport the sample material for testing is required to carry the
Contractor’s Company name.
1.4 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 insure it complies with the contract requirements.
1.5 Special Instructions
A. Ordering
1.Standard Service for Hot Mix Asphaltic Concrete Pavement Material Type B, Type
C, Type D is Monday thru Friday between the hours of 7:00 a.m. - 5:30 p.m.
2.Weekend service is a requirement for this contract. Weekend service for Hot Mix
Asphaltic Concrete Pavement Material Type B & Type D is 7:00 a.m. - 5:30 p.m.
3.Afterhours service is required for this contract. Afterhours service for Hot Mix
Asphaltic Concrete Pavement Type B & Type D is 5:30 p.m. to 2:00 a.m.
4.The estimated quantity for this commodity is based on previous buy history and
future projections. The actual purchase will be in accordance with the Supply
Agreement.
5.City staff will place the order with vendor on a weekly basis and may cancel at the
City's discretion.
6.City staff yearly tonnage estimate can vary by projects, material type and quantity.
The availability of quantity tonnage will adjust based on budget availability per
year. This contract quantity could be exhausted before the contract end date.
1.6 Producer Price Index (PPI) Price Adjustment Clause
Price Adjustments. The prices shown on the Price Schedule may be increased or
decreased as follows:
Base Period for Price Adjustment. The base selling price is the price shown on the
original Price Schedule submitted by Vendor with its original bid. The effective
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Revised 11.30.20
month and year of the base selling price (known as the “base period”) shall be the
effective date of the month and year in which this contract is awarded.
Date for Price Adjustment. Prices may be adjusted annually (the “Price Adjustment
Date”).
Version of Data for Price Adjustment. Calculations of price adjustments shall use
the latest version of the PPI data published as of the Price Adjustment Date.
PPI Index for Price Adjustment. The U.S. Department of Labor, Bureau of Labor
Statistics (“BLS”) Producers Price Index (“PPI”) for ASPHALT PAVING MIXTURE &
BLOCK MANUFACTURING, not seasonally adjusted, shall be used by the Parties to
calculate changes in price. If this index is discontinued, the Parties shall use the
next, higher level series of this index that is available. If no higher-level series of said
index is available, the Parties shall negotiate a successor index. If the BLS changes
the title of this index or recodes the index, it is considered the same series and
requires no change by the Parties.
Official Source of Data for Price Adjustment. The parties shall use the PPI Detailed
Report as the source of data for the index.
Method of Calculation for Price Adjustment. To calculate the price adjustment, the
following formula shall be used.
Divide the current index value (the value as of the date stated for the price
adjustment) by the index value for the base period. The resulting number is the
percentage change in the index value between the current period and the base
period (the “percentage change in index value”).
Multiply the base price by the percentage change in index value. The sum equals
the adjusted price.
Example: (The numbers shown below are for illustration purposes only.)
Current index value at time of calculation 115.5
Divided by index for base period 110.0
Equals 1.050
Base price $1,000.00
Multiplied by the percentage change in index value 1.050
Equals adjusted price $1,050.00
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Revised 11.30.20
The same procedure shall be followed for each adjustment authorized herein, using the
current index at the time the adjustment is made and the original base period.
Limitation of Price Adjustment. In no event shall the aggregate of all price adjustments
authorized herein for any given Line Item exceed 25% of the original base price for that
Line Item. If the calculation results in an increased price that would exceed this limitation,
the price adjustment shall be limited to a maximum price adjustment of 25% of the original
base price.
Written Requests for Price Adjustments. Price adjustments are not automatic. Vendor must
submit a written request for a price adjustment to the Contracts and Procurement
Department. Requests must be received by the Contracts and Procurement Department
at least 60 days prior to the date the price adjustment is to take effect. If City does not
wish to accept the price adjustment, City may terminate the contract for convenience.
City may initiate a price adjustment in the event of falling prices. City shall notify Vendor
at least 60 days prior to the date the price adjustment is to take effect.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Attachment B - Bid/Pricing ScheduleDocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Bay,Ltd. is the primary vendor and was awarded 90% of the bid.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
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
Commercial General Liability Including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
$500,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
POLLUTION LIABILITY $1,000,000 Per Occurrence
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.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
II.ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers’ compensation coverage provided must be in an amount sufficient to assure
that all workers’ compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
•List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
•Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
•Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
•Provide 30 calendar days advance written notice directly to City of any, cancellation,
non-renewal, material change or termination in coverage and not less than 10 calendar
days advance written notice for nonpayment of premium.
E. Within 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.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
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.
2020 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services – Services Performed Onsite - Pollution
06/08/2020 Risk Management – Legal Dept.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345
Attachment D - Warranty Requirements
Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement.
DocuSign Envelope ID: 02AEB1BC-F4D8-4396-9033-A9670B9902B6DocuSign Envelope ID: 3A33EF12-7A84-44B0-B4EB-15E1DE376345