Res 2024-233 approving the award of a contract to CXT Inc., through the Sourcewell Cooperative Purchasing Program, for a precast concrete fully accessible restroom facility for the Dunbar Park Restroom

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Docusign Envelope ID:4882FD96-A208-44EA-8573-FB7767E265D9 CONTRACTOR UNDER THIS AGREEMENT AND WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Order of Precedence. When applicable, this Agreement includes by reference, the provisions of the solicitation documents, Contractor's response to the solicitation, and exhibits or attachments to this Agreement. In case of any conflict among the provisions of this Agreement and the provisions of any exhibits or attachments to this Agreement,this Agreement will govern and control. 13. Insurance and Liability: During the period of the resulting contract, the Contractor will maintain, at its expense, insurance with limits not less than those prescribed below.Insurance underwriters will be acceptable to the City. With respect to required insurance, the Contractor will: 13.1 Name the City of San Marcos,c/o Purchasing and Contracting Division,630 East Hopkins Street, San Marcos,Texas 78666 as an additional insured. 13.2 Provide the City with a thirty(30)days' written notice to the Certificate Holder prior to cancellation or material change of any insurance referred to in the certificate. 13.3 Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. 13.4 Provide the City of San Marcos Purchasing and Contracting Division, 630 East Hopkins Street, San Marcos, Texas 78666, a Certificate of Insurance evidencing required coverage before execution of contract. 13.5 Submit a Certificate of Insurance reflecting coverage as follows: Business automobile liability insurance with minimum limits of liability for bodily injury and property damage combined of not less than $1,000,000 per occurrence. Contractor will maintain a standard ISO version of Business automobile liability insurance or its equivalent providing coverage for all owned, non-owned and hired automobiles. City will be included as an additional insured party. Commercial General Liability Insurance: Including Bodily Injury and Property Damage Liability, Independent Contractors Liability, Contractual Liability, Product Liability and Completed Operations Liability in an amount not less than $1,000,000 combined single limit, per occurrence, and $2,000,000 aggregate. City will be included as an additional insured party. Umbrella or Excess Liability Coverage:Not less than$2,000,000 per occurrence and in the aggregate. This coverage typically sits above the underlying General Liability, Automobile Liability and Professional Liability policies. Depending upon the scope and work to be performed in the proposed agreement,this policy may be required in order for the vendor to be able to meet the minimum insurance requirements. Workers' compensation insurance in accordance with and as required by the Workers' Compensation Act of the State of Texas in amounts sufficient to satisfy statutory requirements or $500,000.00/$500,000.00 for Employer's Liability. Certificate of coverage or certificate means a copy of a certificate of insurance,a certificate of authority to self-insure issued by the Commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84),showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. 14. Additional Services/Change or Delay in Services. If the City or Contractor requires a change or amendment to this Agreement or its Exhibits, the Authorization of Change in Services Form, Exhibit 2 will be used to Rev 1127 2023 Page 3 of 7