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Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 9, 2020
SERVICE AGREEMENT NO. 3162
Landscaping Services for City Parks
THIS Landscaping Services for City Parks Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal corporation
(“City”) and Olympia Landscape Development, Inc. (“Contractor"), effective upon
execution by the City Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide Landscaping Services for City Parks in
response to Request for Bid/Proposal No. 3162 (“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 Landscaping Services for City Parks (“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 four months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to zero additional zero-month 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
$197,800.00, 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.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
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Approved as to Legal Form March 9, 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: Jesse Balderaz
Department: Parks and Recreation
Phone: 361-286-1936
Email: JesseB@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
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
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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.
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.
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12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City’s sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
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: Jesse Balderaz
Title: Park Operations Supervisor
Address: 5352 Ayers Bldg #4, Corpus Christi, TX 78415
Phone: 361-286-1936
Fax: 361-826-4352
IF TO CONTRACTOR:
Olympia Landscape Development Inc.
Attn: Jose G. Moreno
Title: President/Owner
Address: PO Box 450347, Loredo, TX 78045
Phone: 956-712-9800
Fax: 956-712-8881
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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) 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.
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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 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.
DocuSign Envelope ID: 854CA2E7-0F21-40E8-88EC-B9DC1DD3018EDocuSign Envelope ID: D895A9C6-4AB0-440B-8159-64748C56380A
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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.
CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
________________________________________________
Kim Baker
Director of Contracts and Procurement
Date: _________________________
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 3162
Exhibit 2: Contractor’s Bid/Proposal Response
DocuSign Envelope ID: 854CA2E7-0F21-40E8-88EC-B9DC1DD3018E
9/29/2020
Jose G. Moreno
President / Owner
DocuSign Envelope ID: D895A9C6-4AB0-440B-8159-64748C56380A
___________________Authorized By
Council ________________________
M2020-190
09/22/2020
ATTEST:
_____________________________
Rebecca Huerta
City Secretary
9/30/2020
Page 1 of 3
ATTACHMENT A: SCOPE OF WORK
1 General Requirements/Background Information
The Contractor shall provide and install various trees at Labonte Park, West
Guth Park and Los Encinos Park as outlined in this Scope of Work.
2 Scope of Work
A. Contractor shall provide and install trees ranging from 45 gal (2” to 3”
Caliper) up to 95 gal (3.5” to 4” Caliper) within four weeks of receiving
order. (95 gal is preferred)
B. Installation of trees shall be in accordance with the current industry
standards of the International Society of Arboriculture (ANSI).
C. Trees with a damaged or crooked leader, bark abrasions, sunscald,
disfiguring knots, insect damage, or cuts of limbs over 20mm (3/4 inch) in
diameter that are not completely closed will be rejected.
D. All trees shall be of specimen quality, exceptionally heavy, symmetrical,
and so trained or favored in development and appearance as to be
unquestionably and outstandingly superior in form, compactness, and
symmetry. They shall be sound, healthy, vigorous, well branched, and
densely foliated when in leaf; free of disease and insects, eggs, or larvae;
and shall have healthy, well-developed root systems. They shall be free
from physical damage or other conditions that would prevent vigorous
growth.
E. Branches shall be tied with rope or twine only, and in such a manner that
no damage will occur to the bark or branches. During transportation of
plant material, the Contractor shall exercise care to prevent injury and
drying out of the trees. Should the roots be dried out, large branches
broken, balls of earth broken or loosened, or areas of bark torn, Park
Operations may reject the injured tree(s) and order them replaced at no
additional cost to the City. All loads of plants shall be covered at all times
with tarpaulin or canvas. Loads that are not protected will be rejected.
F. Trees shall not be lifted by straps wrapped directly around the trunk.
G. Container trees shall carefully be removed from the container by cutting
it in a manner not to damage the root ball. Remove plastic, paper, or fiber
pots from containerized plant material. Pull roots out of the root mat and
cut circling roots with a sharp knife. Immediately after removing the
container, install the plant such that the roots do not dry out. Place plant
and backfill carefully around the base and sides to two -thirds the depth
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Page 2 of 3
of the root ball; then thoroughly water the backfill to allow for settlement.
Backfill the remainder of the pit, allowing for the depth of mulch.
H. Trees will require 3 stakes per tree and 3 inches of mulch in depth around
tree and mulch shall not be placed within three inches of the trunk.
I. Finished grading shall be done following installation of trees. The entire
area shall be carefully raked to a smooth surface free of clods, roots, or
stones one-half inch or larger prior to mulching.
J. Contractor shall secure 811 clearances to plant prior to installation.
K. Service shall be performed during normal business hours, 7:00 a.m. – 3:00
p.m., Monday-Friday.
L. Contractor shall be responsible for repairing any damages on amenities,
sidewalks and back filling ruts.
M. Contractor shall contact Contract Administrator, Jesse Balderaz, O (361-
826-1936, C (361)-548-9902 for scheduling.
N. Contractor shall provide a one-year warranty on trees and installation.
3 Work Site and Conditions
Trees shall be installed at tree City parks at the following locations and in the
following quantities:
A. Labonte Park- 6667 U.S HWY 77 78410
• 20- Live Oak (Quercus virginiana)95-Gal Container
• 15- Bur Oak (Quercus macrocarpa)95-Gal Container
• 5- Mexican Sycamore (Platanus occidebtails)95-Gal Container
• 10 - Monterrey Oak (Quercus polymorpha) 95-Gal Container
• 10- Montezuma Cypress (Taxodium Mucronatum) 95-Gal Container
• 20- Cedar Elm (Ulmas crassifolia) 95-Gal Container
• 20- Anacaua (Ehretia anacua) 95-Gal Container
B. West Guth Park- 9700 Up River Rd 78410
• 10- Live Oak (Quercus virginiana) 95-Gal Container
• 10- Bur Oak (Quercus macrocarpa) 95-Gal Container
• 5- Mexican Sycamore (Platanus occidebtails) 95-Gal Container
• 10 - Monterrey Oak (Quercus polymorpha) 95-Gal Container
• 7- Montezuma Cypress (Taxodium Mucronatum) 95-Gal Container
• 10- Cedar Elm (Ulmas crassifolia) 95- Gal Container
• 8- Anacaua (Ehretia anacua) 95- Gal Container
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C. Los Encinos Park- 5800 Greenwood 78417
• 12- Live Oak (Quercus virginiana) 95-Gal Container
• 18- Bur Oak (Quercus macrocarpa) 95-Gal Container
• 5- Mexican Sycamore (Platanus occidebtails) 95-Gal Container
• 5 - Monterrey Oak (Quercus polymorpha) 95-Gal Container
• 6- Montezuma Cypress (Taxodium Mucronatum) 95-Gal Container
• 12- Cedar Elm (Ulmas crassifolia) 95-Gal Container
• 12- Anacaua (Ehretia anacua) 95-Gal Container
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.
DocuSign Envelope ID: 854CA2E7-0F21-40E8-88EC-B9DC1DD3018EDocuSign Envelope ID: D895A9C6-4AB0-440B-8159-64748C56380A
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT DEPARTMENT
BID FORM
RFB No. 3162
Trees for City Parks
Date: OP>· 24 · '2-CJ2.b
Bidder: Ufrn)n La.rd:mp l Dwt \C{Jffi.Q{)f-l n C.
Authorized Signature:
PAGE 1 OF 2
1.Refer to "Instructions to Bidders" and Contract Terms and Concfttlons beforecompleting bid.
2.Quote your best price for each Item.
3.In submitting this bid, Bidder certiftes that;
a.The prices in this bid have been arrived at inde pendently. without consultation,
communication, or agreement with any other Bidder or competito r, for the
purp ose of restricting competition with regard to prices.
b.Bidder is an Equal Opportun it y Employer, and the Disclosure of Interest information
on file with City's Contracts and Proc urement office, pursuan t 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.
•oo NOT MODIFY THIS FORM IN ANY MANNER·
f1tem1 �•.ti,,�m Descri ption.../' J)[O Nili_ � [QTl� Unit Price ffota l!�rfc�
Live Oak (Quercus virginiana) 45 GAL 42 ''175" ij1q 1 CW 1 including labor (only one wfll be lcfi>35 ;,oo selected, 95 GAL Is preferred) 95GAL 42 �o
Bur Oak (Quercus macrocarpa) 45GAL 43 475 �20,475 2 including labor (only one will be 193(.o,550 selected, 95 GAL Is preferred) 95GAL 43 850
Mexican Sycamore (Platanus 45GAL 15 47S $7 1 \25
3 occidebtails} including labor
(only one will be selected, 95 GAL �6:) � 2,750 Is preferred) 95GAL 15
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Item Description UNIT QTY Unit Price Total Price
Monterrey White Oak (Quercus 45 GAL 25 L\75 ii( I /o'l54 polymorpha) including labor
(only one wtlf be selected, 95 GAL 550 gi2L250 Is preferred) 95GAL 25
'
Montezuma Cypress (Taxodium 45 GAL 23 525 �\2 }0'15 5 Mucronatum) including labor
(only one wlll be selected. 95 GAL aso ;2LtoSO Is pref erred) 95GAL 23 -
Cedar Elm (Ulmas crassifolia) 4 5GAL 42 L\l'o dllQ,Q50 6 including labor (only one wtlf be eso toS,1-00 selected. 95 GAL is preferred) 95GAL 42
Anacaua (Ehretia anacua} 45GAL 40 l\�S �lQ,000 7 including labor (only one wUI be �3L\,OOO selected, 95 GAL Is preferred) 95 GAL 40 <2)50 --
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ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
I. CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all
insurance required has been obtained and such insurance has been approved
by the City. Contractor must not allow any subcontractor Agency to commence
work until all similar insurance required of any subcontractor Agency has been
obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administer
one (1) copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance
company(s) acceptable to the City’s Risk Manager. The City must be listed as an
additional insured on the General liability and Auto Liability policies by
endorsement, and a waiver of subrogation is required on all applicable policies.
Endorsements must be provided with COI. Project name and or number must be
listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
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
$1,000,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, Contractor
must furnish the Risk Manager with copies of all reports of any accidents within 10
days of the accident.
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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 thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and
not less than ten (10) calendar days advance written notice for nonpayment
of premium.
DocuSign Envelope ID: 854CA2E7-0F21-40E8-88EC-B9DC1DD3018EDocuSign Envelope ID: D895A9C6-4AB0-440B-8159-64748C56380A
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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.
2019 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
BOND REQUIREMENTS: Bonds are not required for this agreement, therefore
Section 5. Insurance; Bonds. (B) is null to this agreement.
DocuSign Envelope ID: 854CA2E7-0F21-40E8-88EC-B9DC1DD3018EDocuSign Envelope ID: D895A9C6-4AB0-440B-8159-64748C56380A
ATTACHMENT D: WARRANTY REQUIREMENTS
Trees - 1 year
Workmanship - 1 year
Page 1 of 1
DocuSign Envelope ID: 854CA2E7-0F21-40E8-88EC-B9DC1DD3018EDocuSign Envelope ID: D895A9C6-4AB0-440B-8159-64748C56380A