HomeMy WebLinkAboutC2020-361 - 9/8/2020 - ApprovedService Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 9, 2020
SERVICE AGREEMENT NO. 3193
Artificial Turf for Splash Pads
THIS Artificial Turf for Splash Pads Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”)
and The Playwell Group, Inc. (“Contractor"), effective upon execution by the City
Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide Artificial Turf for Splash Pads in response
to Request for Bid/Proposal No. COOP BuyBoard 592-19 (“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 Artificial Turf for Splash Pads (“Services”) in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety, and in accordance with Exhibit 2.
2.Term. This Agreement is for three 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
$165,529.25, 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:
DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
Service Agreement Standard Form Page 2 of 7
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: Jose Hernadez
Department: Parks & Recreation
Phone: 361-826-3986
Email: JoseHe@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.
DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
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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.
DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
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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/Funds Administrator
Address: 1201 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-3166
Fax: 361-826-3864
IF TO CONTRACTOR:
The Playwell Group, Inc.
Attn: James D. Robertson
Title: Principal
Address: 203A State Hwy 46, E, Boerne, TX 78006
Phone: 210-381-3467
Fax: 972-488-0642
DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
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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.
DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
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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 c ourt 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: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
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Page 1 of 2
ATTACHMENT A: SCOPE OF WORK
1.General Requirements/Background Information
Contractor shall provide labor, materials, equipment, and tools necessary to install a
total of 9,700 square feet of artificial turf around the perimeter of the concrete splash
pads for Bill Witt Park, Lindale Park and Salinas Park located in Corpus Christi, Tx.
2.Scope of Work
A.Bill Witt Park – 6869 Yorktown Blvd - Contractor shall Install 4,085 square feet of
artificial turf around the perimeter of splash pad and sidewalks. Square footage is
to include two mound areas shown on provided plans.
B.Lindale Park – 3133 Swantner St. – Contractor shall install 2,565 square feet of
artificial turf around the perimeter of splash pad and sidewalks. Square footage is
to include two mound areas shown on provided plans.
C.Salinas Park – 1354 Airport Rd. – Contractor shall install 3,050 square feet of artificial
turf around the perimeter of splash pad and sidewalks. Square footage is to
include two mound areas shown on provided plans.
D.Special Requirements
1.Parks and Recreation will be responsible for removing all organic material and
organic debris for site preparation for aggregate base installation.
2.Contractor will provide aggregate base and set and pack aggregate base.
The area should be smooth and graded to allow for proper drainage.
3.Contractor will fasten turf to pressure treated nailer boards using proper industry
standard methods.
4.Contractor will ensure turf is not installed over any ground level mechanical
access covers leaving them inaccessible without damage to the artificial turf.
5.Contractor will use proper industry standard methods to ensure all seams are
properly connected and not visible.
6.Envirofill will be added to turf to ensure product remains in place and increase
life space of product.
7.Contractor is to provide a one-year warranty of the installation and applicable
factory warranty on artificial turf.
8.Contractor shall schedule installations through the Contract Administrator.
9.Contractor shall install the artificial turf per manufacturer’s instructions.
10. Contractor shall provide all materials and labor to complete installation of the
artificial turf.
11. Contractor shall maintain a clean and safe worksite at all times.
12. Contractor shall clean worksite and haul excess dirt, debris, packaging, etc.,
during and upon completion of artificial turf installations.
DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
Page 2 of 2
13. Contractor shall be responsible for any damages to existing Playgrounds during
the installation of artificial turf.
3.Insurance and Bonds
Insurance will be required as outlined in the contract. Payment and Performance
bonds will also be required for 100% of the construction amount of the project.
Insurance and bonds must be maintained throughout the term of the contract.
DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
QUOTATION
7/15/2020QUOTE #15617
BILL TO:
City of Corpus Christi
Accounts Payable
PO Box 9277
Corpus Christi, TX 78469
SHIP TO:
City of Corpus Christi
Bill Witt Park
6869 Yorktown Boulevard
Corpus Christi, TX 78414
CUST. PO #TERMS
NET 30
QUOTE EXPIRATION
9/14/2020
SALES REP
JDR
COUNTY
NUECES
Phone: (361) 826-3475 Phone:
ITEM DESCRIPTION LIST PRICEQTY DISC. PRICE TOTAL
BUY #592-19 BUYBOARD CONTRACT #592-19 EXPIRES 09/30/2020 .001 0.00 0.00
BILL WITT PARK
TURF XGRASS XGRASS DYNAMIC PRO PLUS
BACKING: UP-WIDTH: 15'
COLOR: BLEND
2.656,540 2.52 16,480.80
CUT FEE CUT FEE 37.5013 35.63 463.19
XGRASS INFILL INVIROFILL 12/20
COLOR:GREEN
50 LB BAGS
19.54245 18.56 4,547.20
TURF XGRASS TURF CLAW 75 (4 GALLON)297.2111 282.35 3,105.85
XGRASS TAPE RED STRIPE SEAM TAPE 750'297.211 282.35 282.35
XGRASS FABRIC GEOTEXTILE FABRIC-6'X300' ROLL 125.682 119.40 238.80
TURF XGRASS FLEXITHANE 736 STANDARD 191.918 182.31 1,458.48
XGRASS SBR SBR-PIP BUFFING
COLOR:BLACK
50 LB BAGS
25.9052 24.61 1,279.72
INSTALL-XGRASS INSTALLATION 36172.751 34,364.11 34,364.11
SHIP SHIPPING AND HANDLING 2109.471 2,109.47 2,109.47
Signature _____________________________________
QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written
approvals and/or deposit. Please email or fax all pages.
PLEASE REMIT YOUR DEPOSIT TO:
THE PLAYWELL GROUP, INC.
203A STATE HIGHWAY 46 EAST
BOERNE, TX 78006
Date __________________ TOTAL $64,329.97
SUBTOTAL $64,329.97
SALES TAX (0.0%)$0.00
Page 1 of 3
ATTACHMENT B: BID/PRICING SCHEDULEDocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
QUOTATION
7/14/2020QUOTE #15679
BILL TO:
City of Corpus Christi
Accounts Payable
PO Box 9277
Corpus Christi, TX 78469
SHIP TO:
City of Corpus Christi
Lindale Recreation Center
3133 Swantner Drive
Corpus Christi, TX 78404
CUST. PO #TERMS
NET 30
QUOTE EXPIRATION
9/21/2020
SALES REP
JDR
COUNTY
NUECES
Phone: (361) 826-3475 Phone:
ITEM DESCRIPTION LIST PRICEQTY DISC. PRICE TOTAL
BUY #592-19 BUYBOARD CONTRACT #592-19 EXPIRES 09/30/2020 .001 0.00 0.00
XGRASS
TURF XGRASS XGRASS DYNAMICA PRO PLUS
COLOR: BLEND
BACKING: UP WIDTH 15' 3825 SF
2.653,825 2.52 9,639.00
CUT FEE CUT FEE 37.5011 35.63 391.93
XGRASS INFILL ENVIROFILL GREEN-INFILL 12/20
50 LB BAGS
12.31154 18.56 2,858.24
XGRASS TAPE RED STRIP SEAM TAPE 200'127.382 121.01 242.02
TURF XGRASS TURF CLAW 75 (5GALLON)365.157 346.89 2,428.23
XGRASS FABRIC GEOTEXTILE FABRIC 125.682 119.40 238.80
TURF XGRASS FLEXITHANE 736 STANDARD 191.911 182.31 182.31
XGRASS SBR SBR-PIP BUFFING 50 LB BAGS
COLOR:BLACK
25.907 24.61 172.27
INSTALL-XGRASS INSTALLATION 29628.851 28,147.41 28,147.41
SHIP SHIPPING AND HANDLING 2505.841 2,505.84 2,505.84
Signature _____________________________________
QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written
approvals and/or deposit. Please email or fax all pages.
PLEASE REMIT YOUR DEPOSIT TO:
THE PLAYWELL GROUP, INC.
203A STATE HIGHWAY 46 EAST
BOERNE, TX 78006
Date __________________ TOTAL $46,806.05
SUBTOTAL $46,806.05
SALES TAX (0.0%)$0.00
Page 2 of 3
DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
QUOTATION
7/15/2020QUOTE #15520
BILL TO:
City of Corpus Christi
Accounts Payable
PO Box 9277
Corpus Christi, TX 78469
SHIP TO:
City of Corpus Christi
Salinas Park
Joe Johnson
1354 Airport Boulevard
Corpus Christi, TX 78405
CUST. PO #TERMS
NET 30
QUOTE EXPIRATION
9/14/2020
SALES REP
JDR
COUNTY
NUECES
Phone: (361) 826-3475 Phone: (361) 826-3476
ITEM DESCRIPTION LIST PRICEQTY DISC. PRICE TOTAL
BUY #592-19 BUYBOARD CONTRACT #592-19 EXPIRES 09/30/2020 .001 0.00 0.00
TURF XGRASS XGRASS DYNAMIC PRO PLUS
COLOR: BLEND
BACKING: UP
2.655,400 2.52 13,608.00
CUT FEE CUT FEE 37.5013 35.63 463.19
XGRASS INFILL INVROFILL 12/20
COLOR: GREEN
50 LB BAGS
19.54182 18.56 3,377.92
TURF XGRASS TURF CLAW 75 (5 GALLON)365.157 346.89 2,428.23
XGRASS TAPE RED STRIP SEAM TAPE 200'127.382 121.01 242.02
XGRASS FABRIC GEOTEXTILE FABRIC-6'X300' ROLL 125.682 119.40 238.80
TURF XGRASS FLEXITHANE 736 STANDARD 191.914 182.31 729.24
XGRASS SBR SBR - PIP BUFFING
COLOR:BLACK
50 LB BAGS
25.9026 24.61 639.86
INSTALL-XGRASS INSTALLATION 32426.631 30,805.30 30,805.30
SHIP SHIPPING AND HANDLING 1860.671 1,860.67 1,860.67
CUSTOMER IS RESPONSIBLE FOR EXCAVATION AND
BRINGING 124 TONS NECESSARY 4" AGGREGATE BASE.
XGRASS WILL SET AND PACK BASE (JUST LABOR) 110
TONS OF 3/4" CLEAN STONE NEEDED / 14 TONS OF
SCREENINGS NEEDED
Signature _____________________________________
QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written
approvals and/or deposit. Please email or fax all pages.
PLEASE REMIT YOUR DEPOSIT TO:
THE PLAYWELL GROUP, INC.
203A STATE HIGHWAY 46 EAST
BOERNE, TX 78006
Date __________________ TOTAL $54,393.23
SUBTOTAL $54,393.23
SALES TAX (0.0%)$0.00
Page 3 of 3
DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
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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DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
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.
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.
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DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
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.
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2019 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
04/26/2019 Risk Management – Legal Dept.
BOND REQUIREMENTS: Payment and Performance bonds will also be required for 100% of the
construction amount of the project. Insurance and bonds must be maintained throughout
the term of the contract.
DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC
ATTACHMENT D: WARRANTY REQUIREMENTS
1 year - Workmanship
Manufacturer's Warranty
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DocuSign Envelope ID: 82DBD255-AB16-431D-A7C7-095E0B2383FADocuSign Envelope ID: 23AF6FE8-CB91-4ACD-B242-5327447DF1CC