HomeMy WebLinkAboutC2016-385 - 9/20/2016 - Approved i
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SERVICE AGREEMENT NO. 147
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1852 Palm Tree Trimming Services
THIS Palm Tree Trimming Services Agreement ("Agreement") is entered into by
and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Woodstock Tree Surgeons ("Contractor"), effective upon execution
by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Palm Tree Trimming Services in
response to Request for Bid/Proposal No. 147 ("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 Palm Tree Trimming Services ("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 12 months,with performance commencing upon
the date of issuance of a notice to proceed from the Contract Administrator
or Purchasing Division. This Agreement includes an option to extend the term
for up to four additional 12-month periods ("Option Period"), provided, the
parties do so prior to expiration of the original term or the then-current Option
Period. The decision to exercise the option to extend the term of this
Agreement is, at all times, within the sole discretion of the City and is
conditioned upon the prior written agreement of the Contractor and the City
Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $148,605.00,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. 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.
City of Corpus Christi Page 1 of 8
2016-385
9/20/16
M2016-105
Woodstock Tree Surgeons
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INDEXED
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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:
Joshua Wentworth
Parks and Recreation
Phone: 361-826-3483
Email: JoshuaW@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 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.
City of Corpus Christi Page 2 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
7. Inspection and Acceptance. Any Services 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. 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. In addition, the products purchased under this
Agreement shall be warranted by the Contractor or, if indicated in
Attachment D by the manufacturer, for the period stated in Attachment D.
Attachment D is attached to this Agreement and is incorporated by
reference into this Agreement as if fully set out here in its entirety.
9. Quality/Quantity Adjustments. Any 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.
12. Subcontractors. Contractor may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors,
City of Corpus Christi Page 3 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
however, the Contractor must obtain prior written approval from the
Contract Administrator if the subcontractors were not named at the time of
bid or proposal, 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.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
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 related 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: Joshua Wentworth
Title: Superintendent
Address: 1201 Leopard St.
Corpus Christi, Texas 78401
Fax: 361-826-3864
IF TO CONTRACTOR:
Contractor Company Name
Attn: Rolland G. Hyatt Jr.
Title: Owner
Address: 2550 Rodd Field Rd.
Corpus Christi, Texas 78414
Fax: 361-992-4808
City of Corpus Christi Page 4 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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17. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT
OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE
PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE
INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO
BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE
OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF
INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON.
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 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 perform the work specified in this Agreement or to keep any required
insurance policies in force during the entire term 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.
City of Corpus Christi Page 5 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
(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. 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.
20. 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.
21. 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 and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. the Contractor's bid response (Exhibit 2)
22. 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.
23. Governing Law. This Agreement is subject to all federal, State, and local laws,
rules, and regulations. 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.
24. Entire Agreement. This Agreement constitutes the entire agreement between
the parties concerning the subject matter of this Agreement and supersedes
City of Corpus Christi Page 6 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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all prior negotiations, arrangements, agreements and understandings, either
oral or written, between the parties.
(SIGNATURE PAGE FOLLOWS)
City of Corpus Christi Page 7 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
CONTRACT
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Signature: �� it;
Printed Name:CLL .No 1-I4er -37z.
Title: 0(--t-'•4 e/2-
Date:
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Date: 6-3 O-{ t"
CITY OF CORPUS CHRISTI
Signature:
Printed Name: 1(hzur-
Title: 'Pro cA.A.,r L,,,,�.�._,� (1�, t
Date: 9 - ' - '- - t �e
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REBECCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule Jf2� � — IAttachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements t N
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Incorporated by Reference Only: ,�y�
S€CRETAR 'k,
Exhibit 1: RFB/RFP No. 147
Exhibit 2: Contractor's Bid/Proposal Response
City of Corpus Christi Page 8 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
ATTACHMENT A-SCOPE OF WORK
Palm Tree Trimming Services
4.1 General Requirements/Background Information
The Contractor shall provide Palm Tree Trimming Services as outlined in this Scope of
Work and in accordance with ANSI A300.
4.2 Scope of work- Palm Tree Trimming
A. The Contractor shall trim all palm trees in Groups 1, 7, 9 and 10 once per year and in
Groups 2, 3, 4, 5, 6 and 8 twice per year. See Exhibit "A" for list and maps. The "A"
designation behind each Group in the Bid Form represents that it's the second
trimming of that Group.
B. The Contractor shall maintain all trees in a healthy, vigorous growing condition, free
from disease and large concentrations of pests.
C. The Contractor shall discard all palm tree trimmings off-site using a legal method.
D. The Contractor shall sterilize the cutting blades on pruning shears, clippers, blades,
saws, etc. after pruning each tree to minimize the possibility of spreading disease.
When pruning trees known or suspected to be diseased, cutting blades shall be
sterilized after each cut. Sterilize blades by dipping them in a solution of one part
bleach and nine parts water or heavily spray them with a disinfectant spray, such as
Lysol. After dipping or spraying, wait 20 seconds before using again.
4.3 Work Site and Conditions
A. The work shall be performed at locations throughout the City as defined by group.
See Exhibit "A" for locations.
B. Contractor shall supply the City with a work schedule to indicate the normal starting
and completion times for its operations. The Contractor shall prune trees only in
appropriate months and in accordance with ANSI A300. Changes in such work
schedules must be approved by the City.
C. Work Hours: The Contractor will confine all operations to daylight hours, Monday
through Friday, unless one of the days is a City designated holiday. Saturday and
Sunday trimming will require approval from the Contractor Administrator to ensure
there is no interference with activities, rentals or special events.
D. Non-Work Hours: The Contractor may not store any equipment or tools on any site.
After completion of work at any site, the Contractor must remove all equipment,
supplies, and materials from that site.
E. For Ozone Warning Days the following restrictions apply:
1. No use of chain saws, pole saws, motor scooters and other small engines will be
allowed.
2. Diesel powered trimming equipment will be allowed to operate on the second
day of back-to-back Ozone Action Days if equipment is labeled stating the type
of fuel used and the Contractor has made contact with the Contract
Administrator, or designee, and received permission to proceed with work
order.
3. Equipment using reformulated gas will be allowed to operate on the third day of
back-to-back Ozone Action Days if equipment is labeled stating the type of fuel
used and the Contractor has made contact with the Contract Administrator, or
designee and received permission to proceed with work order.
4.4 Traffic Control
The Contractor shall follow all traffic regulations in accordance with the current version
of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags,
and all other safety materials, devices and safety vests are required to protect the tree
trimmers and the traveling public.
4.5 Equipment
A. All tree maintenance equipment must have safety devices which conform to
manufacturer's standards and all applicable OSHA regulations to prevent damage
to property. All equipment shall be kept in good operating condition and shall be
maintained to provide a clean sharp cut of vegetation at all times. All equipment
shall be approved by the Contract Administrator.
B. Should the Contractor's equipment require service while at any location, the
Contractor must notify the Contract Administrator or designee. The Contractor shall
not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The
Contractor shall be responsible for any clean up and disposal of contaminated soil in
accordance with all Applicable City, State, and Federal Regulations.
4.6 Safety Requirements
A. Public Safety and Convenience: The safety of the public and the convenience of
traffic shall be regarded as prime importance. All portions of streets shall be kept
open to traffic. The Contractor shall coordinate all Work with the Contract
Administrator and shall place warning signs in accordance with the current version of
the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags,
and all other safety materials or devices as well as safety vests will be required to
protect the trimmers and the traveling public and will be furnished by the Contractor.
The Contractor will be responsible for the maintenance or replacement of these
items as necessary. If at any time work is in progress, the traffic control devices do
not accomplish the intended purpose due to weather or other conditions affecting
the safe handling of traffic, the Contractor shall immediately make necessary
changes there to correct the unsatisfactory conditions. These provisions for directing
traffic will not be paid for directly, but shall be subsidiary to the various bid items of
this contract.
B. The Contractor and all related employees shall attend an orientation prior to
beginning any work.
5352 Ayers St. Bldg. 4
Corpus Christi, Texas 78415
4.7 Security and Protection of Property
A. Security Requirements:
1. The Contractor shall maintain and abide by the security measures at all
locations including locking gates when leaving the sites.
2. The Contractor shall not enter the buildings at any location for any reason
without receiving prior approval from the Contract Administrator.
B. Protection of Property:
1 . The Contractor shall take proper measures to protect all property which might
be damaged by Contractor's Work hereunder, and in case of any damage
resulting from any act or omission on the part of or on behalf of the Contractor,
he shall restore at his own expense the damaged property to a condition similar
or equal to that existing before such damage was done, or he shall make good
such damage in all acceptable manner.
2. All damages which are not repaired or compensated for by the Contractor will
be repaired or compensated for by City forces at the Contractor's expense. All
expenses charged by the City for repair work or compensation shall be
deducted from any monies owed to the Contractor.
4.8 Notifications and Inspections
A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the
assigned Contract Administrator indicating the locations and work being performed
that week. No work shall be done without proper, prior notification.
B. When a location is completed, the assigned City Inspector shall inspect the site and
either approve the work or advise the Contractor of any discrepancies. The
Contractor shall take whatever action necessary to correct any discrepancies within
one working day. The Contract Administrator shall then make another inspection and
if the discrepancies have not been corrected, the Contractor will be notified and a
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$25 re-inspection fee will be charged for a third inspection. At that time, the
Contractor shall have one working day to complete the work. If the discrepancies still
have not been corrected, the Contractor will be notified to correct the
discrepancies and a $25 fee will be charged for each additional inspection
necessary until discrepancies have been corrected. The City shall deduct the
inspection fee from the payment to be made to the Contractor for that cycle of
maintenance.
C. The City shall have the right at all times to examine the supplies, materials and
equipment used by the Contractor, its subcontractors, agents, and employees.
D. Work Crew Supervision: The Contractor shall provide qualified supervision of each
crew at all times while working under this Contract. Each supervisor shall be
authorized by the Contractor to accept and act upon all directives issued by the
City and Contract Administrator. Failure of the supervisor to act on said directives
shall be sufficient cause to give notice that the Contractor is in default of the
contract, unless such directives would create potential personal injury or safety
hazards.
E. A 15% fee will be due for work not conforming to ANSI Palm tree trimming standards
in all areas.
F. The Contractor shall replace any trees found to be dead due to improper trimming
with plant material of identical species at the Contractor's expense. Replacement
trees shall equal in size to the originally installed tree at the time it was planted at the
site. In no case shall replacement trees be less than #24 box size as defined by the
American Nursery Association.
G. Replacement trees shall be approved for size and appearance by the City prior to
planting. Replacement trees shall be double staked with two inches (5 cm) diameter
stakes unless otherwise approved by the City. Place six slow-release fertilizer tablets in
backfill material, evenly spaced around root ball, but not touching the root ball.
Remove tree stakes from trees when the trunks are larger than two inches (5 cm)
caliper and the trees are able to support themselves. Remove stakes from site and
dispose of by a legal method. Recycle used stakes if possible.
H. In locations where irrigation is not installed tree bags will be used on newly planted
trees for a time period of 2 years for establishment. Trees with smaller calipers will be
hand water for a time period of 2 years for establishment.
I. The Contractor shall be responsible for the replacement of any plantings that may
be damaged due to improper performance of designated maintenance activities.
In such case, the Contract Administrator or designee shall specify when replacement
is to be made. If the Contractor fails to replace the plantings according to instruction
of the Contract Administrator, the Contractor agrees that the City may replace and
reduce the Contractor payment by the amount of cost of replacement planting.
vs ATTACHMENT B-BID/PRICING SCHEDULE
° == ifii CITY OF CORPUS CHRISTI
o wBID
PURHASING DIV
FORM lsloN
xs5� RFB No. 147
Palm Tree Trimming Services
Bidder: W Ood$+r k Tree Su1i°eonS
Item Description UNIT QTY Unit Price Total Price
1 Palm Tree Trimming Group 1 EA 167 41 Sea 4 1s l,S
3
2 Palm Tree Trimming Group 2 EA 260 4 ("}S` ' # 1 \i`l D°
3 Palm Tree Trimming Group 2A EA 260 $ 30` # 'lfficoa
4 Palm Tree Trimming Group 3 EA 331 $ `�S 4 * 1 k ffICI
5 Palm Tree Trimming Group 3A EA 331 '$ 30`-p 4 qa 930T
6 Palm Tree Trimming Group 4 EA 91 It `A101,
7 Palm Tree Trimming Group 4A EA 91 4 y if 1 `730"
f
8 Palm Tree Trimming Group 5 EA 373 4 qs-e_ \ f��
9 Palm Tree Trimming Group 5A EA 373 4 4 Ili MO
10 Palm Tree Trimming Group 6 EA 196 -tr '61(63°1
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11 Palm Tree Trimming_Group 6A EA 196 aYQ 5 Ste,
12 Palm Tree Trimming Group 7 EA 198 A -4 g,9101
13 Palm Tree Trimming Group 8 EA 317 I `VS 4 1`V,a-
14 Palm Tree Trimming Group 8A EA 317 4 3D 14' cc) 10.°2-
15 Palm Tree Trimming Group 9 EA 142 4 ki"S 4 Cot3Idt:
16 .. Palm Tree Trimming Group 10 EA 182 4 l # 8, 19 0`f
Total 3825 f,4.0.
$ i
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ATTACHMENT C-INSURANCE/BOND REQUIREMENTS
I. SUCCESSFUL BIDDER'S LIABILITY INSURANCE
A. Successful Bidder must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by the City.
Successful Bidder must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Successful Bidder must furnish to the City's Risk Manager and the Contract
Administrator 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 Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including:
1. Commercial Broad Form
2. Premises - Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Successful Bidders
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this
not Exhibit.
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Successful Bidder 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, Successful Bidder 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 Successful Bidder is not domiciled in the State of
Texas.
B. Successful Bidder shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Successful Bidder'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. Successful Bidder 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. Successful Bidder 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, Successful Bidder shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to suspend
Successful Bidder'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 Successful Bidder'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 Successful Bidder to stop
work hereunder, and/or withhold any payment(s) which become due to Successful
Bidder hereunder until Successful Bidder demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Successful Bidder may be held responsible for payments of damages to persons or
property resulting from Successful Bidder's or its sub-Successful Bidder's performance of
the work covered under this contract.
H. It is agreed that Successful Bidder'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.
2016 Insurance Requirements
Park & Recreation
Tree Trimming
6/22/2016 my Risk Management
ATTACHMENT C- BOND REQUIREMENTS
No Bond Requirement is necessary for this Service Agreement.
• ATTACHMENT D- WARRANTY REQUIREMENTS
No warranty is required for the Service Agreement.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
•
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business.
2016-91258
Woodstock Tree Surgeons
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/27/2016
being filed. r✓%
2
City of Corpus Christi Dat novel
ged:
?�I(�
3 Provide the identification number used by the governmental entity or state agency to track or identity the con act,and provide a
description of the services,goods,or other property to be provided under the contract.
147
Palm Tree Trimming Services will be provided at various locations in and around the City of Corpus Christi.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
S Check only if there is NO Interested Party. o
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
'' '"'s, PAULA OEN6SE 13AF;CIA
MY COMMISSION EXPIRES ( JJ
` . kk
• March 28,2018 .� �tL
Signature of authoriz agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Swam to and subscribed before me,by the said L�o 011(f\ t ,, Ot-443-(-,this the c:2 I�hday of _ 11� f ,
20 1L0 ,to certify which,witness my hand and seal of office.
(„O_A ��.�.�. �I �No ,0 ri rPJ71;C
Signature of officer administering oath Printed name of officer administering oath Title of officer ad inistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us // Version V1.0.277