HomeMy WebLinkAboutC2020-360 - 9/8/2020 - Approved
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SERVICE AGREEMENT NO. 2983
10-Year Master Plan for Parks and Recreation
THIS 10-Year Master Plan for Parks and Recreation Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation (“City”) and Halff Associates, Inc. (“Contractor"), effective upon execution
by the City Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide 10-Year Master Plan for Parks and
Recreation in response to Request for Bid/Proposal No. 2983 (“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 10-Year Master Plan for Parks and Recreation
(“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 18 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
$273,789.00, 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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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: Roberta Rodriguez
Department: Parks and Recreation
Phone: 361-826-3166
email: RobertaO@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, which may not be unreasonably withheld. 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. Certification.
(A) The Contractor certifies 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 certifies 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
certified 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 certifies 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: Roberta Rodriguez
Title: Contract and Funds Administrator
Address: 1201 Leopard St. 3rd Floor, Corpus Chrsti, TX 78401
Phone: 361-826-3166
Fax: 361-826-3864
IF TO CONTRACTOR:
Halff Associates, Inc
Attn: James Hemenes
Title: Director of Landscape Architecture
Address: 711 N. Carancahua Street, Ste 1190, Corpus Christi, TX 78401
Phone: 361-400-4600
Fax: 214-739-0095
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17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS BUT SHALL
HAVE NO OBLIGATION TO 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 NEGLIGENT 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, REIMBURSE INDEMNITEES, IN PROPORTION TO FAULT, AS
DETERMINED BY A COURT OR FORUM OF COMPETENT JURISDICTION FOR
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. NOTWITHSTANDING THE
FOREGOING, CONTRACTOR SHALL ONLY BE REQUIRED TO INDEMNIFY
FOR THE CONTRACTOR’S PROPORTIONATE SHARE OF LIABILITY
ATTRIBUTABLE TO CONTRACTOR’S ACTS, OMISSIONS, WILLFUL
MISCONDUCT, OR FAULT WHEN SUCH ACTS, OMISSIONS, MISCONDUCT,
OR FAULT ARE NOT THE RESULT OF THE CITY’S SOLE NEGLIGENCE. 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
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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.
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.
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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.
CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
________________________________________________
Kim Baker
Director of Contracts and Procurement
Date: _________________________
Approved as to legal form: __________________________
_____________________________________________________
Assistant City Attorney
for Miles Risley, City Attorney
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Certification Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 2983
Exhibit 2: Contractor’s Bid/Proposal Response
DocuSign Envelope ID: 143A3E10-7612-4861-B81F-E07479FDB4B7
Director of Landscape Architecture / Team Leader
James Hemenes
7/16/2020
DocuSign Envelope ID: 676C6BB7-F091-47C3-ADD7-2B0AFC47B3A0
8/11/2020
___________________Authorized By
Council ________________________09/08/2020
M2020-158
9/9/2020
ATTEST:
_____________________________
Rebecca Huerta
City Secretary
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ATTACHMENT A: SCOPE OF WORK
1. General Requirements
The purpose of this Master Plan process is to assist the City’s Parks and Recreation
Department in updating the 2012 Department Master Plan. The Department is
committed to providing residents with a variety of recreation, cultural, natural
resources and events. These programs are hosted at 189 neighborhood,
community and regional parks, 6 aquatic facilities, and eight senior centers and 4
recreation centers and approximately 10 miles of public beaches. In addition to
open space areas and playgrounds, features include walking courses, dog parks,
skate parks, splash pads, and lighted sport areas.
2. Scope of Work
A. The Contractor shall gather information by conducting community input, online
surveys, stakeholder meetings and consultation with City representatives. The
final product shall address the following:
1. Concentrate on connectivity and expansion of unpaved trails and bike
paths.
2. Have all residents within 10-minute walk to parks in an effort to address the
parks system’s role in public health and to incorporate Center For Disease
Control recommendations.
3. High walkability to programs and events is important.
4. Increase adult classes and therapeutic recreation classes.
5. Update and modernize current recreation centers.
6. Continue to maintain existing facilities to a high level – be proactive in
preventative maintenance.
7. Stay ahead of the curve with recreation trends, unique programs, and
modernized facilities.
8. Plan for changing demographics and growth, additional families, and more
seniors.
9. Create a greater “sense of ownership” among more park users.
10. Enhance safety and security features in the parks.
11. Continue to serve high population of dog owners, some with specialized
needs for equipment.
12. Plan for the future of South Corpus Christi.
13. Continue to develop access and amenities for all ages and abilities.
14. Be proactive with new technology in parks – Wi-Fi, registration system, online
payments.
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B. Planning
1. Contractor shall conduct an orientation meeting with the City of Corpus
Christ Parks and Recreation Department (PARD) staff to kickoff the PARD
strategic planning process.
2. Consultant shall provide a project schedule indicating timelines and meeting
dates associated with each component of the strategic planning process.
3. Contractor shall meet with a member of the Parks and Recreation Advisory
Board (PRAC). During this meeting the Contractor shall provide an overview
of the strategic planning process and anticipated schedule. This will also
provide an initial opportunity for PRAC to provide feedback.
4. Contractor shall provide media outreach and public statements for the
project schedule.
5. Contractor shall review all previous and current plans, research and studies
that are available from the City of Corpus Christi that relate to the delivery
of parks, recreation, cultural and leisure services, including but not limited to:
annual reports, brochures, and pertinent city-wide planning studies.
6. Contractor shall utilize existing information to compile demographic and
population information to provide adequate forecasting for future needs
identified in the Plan. Perform and analysis of the demographic and
population characteristics with emphasis on identifying the locations of
existing and planned residential service areas. The demographic
information should provide population diversity to include: age
characteristics, ethnicity, income, projected population, and growth and
non-growth patterns. The analysis will provide demographic information by
areas/sectors in order to allocate resources as needed.
7. Contractor shall review local, regional and national trends related to Parks
and Recreation. Such trends may include but are not limited to:
a. Community Revitalization
b. Green Infrastructure
c. Sustainable Development
d. Social
e. Tourism
f. Economic
g. Health
h. Demographic
i. Technological
j. Urban Development
k. Parks and Recreation Administrative Trends
l. National Recreational Trends
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m. Parks, Recreation Facilities and Programming Trends
8. Contractor shall perform a comprehensive review of the City of Corpus
Christi Parks and Recreation policies. Develop recommended changes to
existing policies as well as recommend new policies to improve the delivery
of PARD programs and services.
9. Contractor shall prepare and present a technical report and presentation to
the Parks and Recreation Advisory Committee summarizing this phase which
shall include appropriate graphics and visual aids. Technical reports to
include recommendations on city-wide planning sub areas.
C. Existing Programs and Facilities Analysis
1. Contractor shall review existing reports to perform an inventory and analysis
of all existing City of Corpus Christi Parks and Recreation facilities.
2. Contractor shall identify the un-served current and future growth needs by
developing service area maps utilizing industry accepted mapping
technology. Maps shall illustrate and identify park facilities and open spaces
and include all amenities such as but not limited to: athletic fields, picnic
areas, playgrounds, trails, greenways, natural areas and any other special
conditions.
a. Develop a mapping methodology to evaluate areas of the City on
various criteria, such as:
i. Adequately served now.
ii. Expected to adequately serve the projected population growth for
the next ten years.
iii. Not adequately being served at the present time and/or lacking
specific parks facilities, programming or amenities.
iv. Adequately served now, but not expected to adequately serve the
projected growth.
v. Excess current service capacity.
vi. Accessibility/Connectivity.
b. Contractor shall evaluate pedestrian and bicycle access to park facilities
from adjacent neighborhoods. Evaluation shall include:
i. Existing conditions and availability of sidewalks, trails, or other
pathways that are available for park facility access.
ii. Identification of public transit access to neighborhood parks.
iii. Identification of access barriers, such as failed sidewalks, non-
connected trails/pathways, safety concerns, fences, natural barriers,
inadequate public transit.
iv. Evaluation shall include a map of all parks and
accessibility/connectivity findings.
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c. Contractor shall utilize staff and public input, surveys, and contractor’s
observations in order to assess the current recreational program offerings,
staffing needs and customer satisfaction.
d. Contractor shall prepare and present a technical report and
presentation to the Parks and Recreation Advisory Committee
summarizing this phase which shall include appropriate graphics and
visual aids. Technical report shall include design guidelines for park
greenways and natural areas.
D. Needs Analysis
1. Contractor shall conduct a meeting and interviews with PARD staff
members regarding their perceptions of the needs and concerns for
improved services, facilities, programs, parks and open space. In addition,
meet with other appropriate City staff such as Public Works, Economic
Development, Planning and Zoning staff to identify mutual needs related to
the delivery of quality parks and programs.
2. Contractor shall conduct two public stakeholder meetings with
representatives of each planning sub area. Anticipated groups to include
senior citizens, athletic groups both youth and adult, cultural arts, private
and non-profit recreation providers, school officials and other appropriate
representation.
3. Contractor shall perform a statistically valid survey such as
mail/phone/social media, etc. for each planning sub-area. The survey will
be used to identify:
a. Current satisfaction levels with programs and facilities
b. Participation in current programs
c. Parks currently used
d. Park amenities desired
e. Need for additional indoor and outdoor facilities/programs
f. Need for improvements to existing facilities
g. Preferred/acceptable method to travel to parks, i.e. walking, driving,
public transit, cycling
h. Identify the primary PARD functions to be performed.
4. Contractor shall create benchmarking comparisons of five other
comparable cities. Information to include park acreage both developed
and undeveloped per capita budgets, capital improvement program
budgets and types of programs offered. The City shall approve questions
prior to the benchmarking survey.
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5. Contractor shall perform an analysis of the results of the mapping of parks
and facilities and review of the public input process to identify portions of
the community and target populations that are underserved. Maps shall
be prepared for various facilities such as athletic fields, playgrounds, picnic
shelters, aquatic facilities, recreation centers, to identify the distribution
throughout the City.
6. Contractor shall prepare and present a technical report and presentation
to the Parks and Recreation Advisory Committee summarizing this phase
which shall include appropriate graphics and visual aids. The Contractor
shall make recommendations to address service deficiencies and develop
level of service guidelines for recreation programs and park operations.
E. Physical Planning and Recommendations
1. Contractor shall identify needed capital improvements for PARD based on
collaboration with PARD staff, previous stakeholder findings and financial
analysis. The capital improvement recommendations will guide
development and improvements of parks and recreation facilities and
programs.
2. Contractor shall conduct a priority assessment with PARD staff, to identify
immediate Capital Improvement Project (CIP) needs and long-term CIP
project needs.
3. Contractor shall prepare a summary report to the Parks and Recreation
Advisory Committee summarizing the Capital Improvement Projects
recommended. Technical reports shall include phased Capital
Improvement implementation plan with specific strategies for parks,
greenways, and natural land and existing park facility improvements.
3. Special Instructions
Draft and Final Reports
A. Contractor shall prepare and draft the 10-year Master Plan for Parks and
Recreation for PARD and the Parks and Recreation Advisory Committee
review.
B. Contractor shall make a presentation to PARD Management and the Parks and
Recreation Advisory Committee summarizing the final recommendations.
C. Contractor shall prepare the Final 10-year Master Plan for Parks and Recreation
that includes all components of the planning process.
D. Contractor shall make presentations of the Final 10-year Master Plan for Parks
and Recreation to the Parks and Recreation Advisory Committee and City
Council.
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A |
10 YEAR MASTER PLAN | 5.3 - D: PROPOSAL
Confidential- Do Not Disclose
CITY OF CORPUS CHRISTI
Pricing Form
CONTRACTS AND PROCUREMENT DEPARTMENT
RFP 2983
10-Year Master Plan for Parks and Recreation
PAGE 1 OF 1DATE:
PROPOSER AUTHORIZED SIGNATURE
1. Refer to “Instructions to Proposers” and Contract Terms and Conditions before completingproposal.2. Provide your best price for each item.3. In submitting this proposal, Proposer certifies that:
a. the prices in this proposal have been arrived at independently, without consultation,
communication, or agreement with any other Proposer or competitor, for the purpose
of restricting competition with regard to prices;
b.Proposer 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.Proposer has incorporated any changes issue through Addenda to the RFP in this
pricing.
ITEM DESCRIPTION QTY UNIT TOTAL PRICE
1.0 10-Year Master Plan for Parks and
Recreation
(Include an itemized work format for the
project’s costs for services with Pricing Form)
1 Lump Sum $273,789.00
Halff Associates, Inc.
May 8, 2020
ATTACHMENT B: BID/PRICING SCHEDULE
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ATTACHMENT C: INSURANCE AND BOND 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 Administer 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 all applicable policies. 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
cancellation, non-renewal, material
change or termination required on all
certificates and policies.
Bodily Injury and Property Damage
Per occurrence - aggregate
ERRORS & OMISSIONS $1,000,000 Per Occurrence
$1,000,000 Aggregate
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.
DocuSign Envelope ID: 143A3E10-7612-4861-B81F-E07479FDB4B7DocuSign Envelope ID: 676C6BB7-F091-47C3-ADD7-2B0AFC47B3A0
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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.
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 insu rance 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.
DocuSign Envelope ID: 143A3E10-7612-4861-B81F-E07479FDB4B7DocuSign Envelope ID: 676C6BB7-F091-47C3-ADD7-2B0AFC47B3A0
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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.
2019 Insurance Requirements
Ins. Req. Exhibit 3-L
Professional Services – Errors & Omissions
05/23/2019 Risk Management – Legal Dept.
No bonds are required, therefore, Section 5. (B) is null to this agreement.
DocuSign Envelope ID: 143A3E10-7612-4861-B81F-E07479FDB4B7DocuSign Envelope ID: 676C6BB7-F091-47C3-ADD7-2B0AFC47B3A0
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ATTACHMENT D: WARRANTY
Section 8. (A) and (B) are null to this agreement
DocuSign Envelope ID: 143A3E10-7612-4861-B81F-E07479FDB4B7DocuSign Envelope ID: 676C6BB7-F091-47C3-ADD7-2B0AFC47B3A0