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:1.:i SERVICE AGREEMENT NO. 1418
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Wrecker Services for City Owned Vehicles and Equipment
1852 (Light Vehicles)
THIS Wrecker Services for City Owned Vehicles and Equipment (Light Vehicles)
Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a
Texas home-rule municipal corporation ("City") and DRR & RS Inc. dba Apollo Towing
("Contractor'), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Wrecker Services for City Owned
Vehicles and Equipment (Light Vehicles in response to Request for Bid/Proposal No.
1418 ("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 Wrecker Services for City Owned Vehicles and
Equipment ( Light Vehicles) ("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 36 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to two additional one-month periods ("Option Period(s)"), provided, the
parties do so in writing and 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. The total value of this Agreement is not to exceed
$326,662.50, 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.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
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M2018-028
DRR& RS Inc. INDEXED
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Erlinda Klubertanz
Department: Fleet Maintenance
Phone: (361) 826-1903
Email: Erlinda@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.
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.
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form 10/2/17
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, 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 dl 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.
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form 10/2/17
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 tax, 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: Erlinda Klubertanz
Title: Operations Manager
Address: 1201 Leopard Street, Corpus Christi, Texas 78401
Fax: (361) 826-4394
IF TO CONTRACTOR:
DRR & RS Inc. dba Apollo Towing
Attn: Michael L. Staff
-- - --- Title: Vice- President
Address: 6342 Harwick, Corpus Christi, Texas 78417
Fax: (361) 854-0387
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
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form 10/2/17
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
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.
(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 (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).
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form 10/2/17
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. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. 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.
25. 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.
(SIGNATURE PAGE FOLLOWS)
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form 10/2/17
CONTRACTOR
Signature: 1`�L Jfi
Printed Name: MAW) L. Si-Ar
Title: VI l/G P>r'e41 d ►t
Date: 01-19-Ig
CITY OF CORPUS CHRISTI
Signature: r r'ZOv a_. P
Printed Name: Pr-Va-t- : P -.-
Title: Pr- or- ,-.-�---
Date: �- �- t
ATTEST: h '1 / /A-L.19141s--4
REB
Attached and Incorporated by Reference: CITY SEGRE iAIW
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements Q ��
V\20\ U ` OfnurcItu
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 1418 SY MIN,;: .,_ 1 ) 6
Exhibit 2: Contractor's Bid/Proposal Response
SECKTARY
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form 10/2/17
Attachment A - Scope of Work
1.1 General Requirements
A. City owned vehicles will be towed on an as needed basis. All quantities
shown on the pricing schedule are estimates only and no amount of work
is guaranteed under the agreement. Vehicles being towed will consist of
motorcycles, cars, trucks, vans, ambulances, fire engines, and self-
propelled construction equipment.
B. Towing and wrecker services will be required both inside and outside the
Corpus Christi City limits.
C. Wrecker and towing services will be available 24 hours per day, seven
days per week, to include holidays.
D. The City shall have the right to use other wrecker companies listed on the
Police Department's Rotation Schedule for emergency equipment such
as ambulances, marked and unmarked police cars, and fire department
vehicles as conditions and situations may dictate. The determination to
use other wrecker companies for emergency equipment shall remain at
the sole discretion of the City.
E. No cancellation fee will be allowed for cancellations either before or
after equipment has been dispatched.
F. Wreckers will be equipped with two-way radios. This is to provide
information to the City Garage or Police Department through the
contractor's dispatcher concerning tow cancellations or problems
encountered at tow site.
G. Contractor must comply with all Local, State and Federal laws and
regulations pertaining to towing of vehicles.
H. Contractor must have no less than three wreckers permitted by the Texas
Department of Licensing and Regulation to conduct these tows. These
wreckers must have a manufacturer's GVWR of not less than 16,000
pounds. Wreckers must be equipped with a power winch, winch line,
and/or boom with a factory rated lift capacity of not less than 8,000
pounds single line capacity. If a hydraulic wheel lift is installed, it must
have a factory-rated lifting capacity of not less than 4,000 lbs.
1.2 Scope of work
The contractor will be required to perform the following service:
A. Tow City vehicles and equipment to and from the City Garage or to other
facilities or locations as directed by authorized City personnel.
B. Extract vehicles or equipment from ditches, mud, or other inaccessible
areas. (Mud pull).
C. Perform those tasks necessary to tow or deliver a vehicle as specified
above, i.e.;
(1) Disconnect drive shaft, when being towed on drive wheels, OR
(2) Remove axles, when being towed on drive wheels, OR
(3) Use dolly when necessary OR when (1) or (2) above cannot be
completed.
(4) Release air brakes for vehicles equipped with air brakes as
necessary.
(5) Secure drive shafting or muffler, etc., as necessary.
(6) Attach magnetic lights (i.e., stop, tail and turn) at rear of
vehicle being towed.
D. Provide all necessary equipment, attachments or tools to perform
services indicated above.
E. Change wheels on police vehicles, i.e., (remove flat and place in trunk
and install serviceable spare) replace hub cap.
F. Jump start vehicles and equipment as necessary.
G. Specific consideration for motorcycles/scooters: Contractor shall
provide for the transportation of motorcycles and/or motor scooters by
some method other than the use of automobile slings, i.e., a motorcycle
trailer or approved licensed (slide-back) wrecker, or approved wheel lift
motorcycle sling
1.3 Categories -Vehicles to be towed are classified as follows:
A. Category 1 - include, but is not limited to motorcycles, three and four-
wheel scooters, cars, vans, trucks and vehicles rated up to and including
9,000 GVWR.
B. Category 2 - includes but is not limited to dump trucks, utility trucks,
flatbed trucks, ambulances, vans, and other vehicles within a range from
9,001 GVWR to 19,000 GVWR.
Should a conflict occur concerning category of vehicle, the vehicles GVWR
rating will be the deciding factor.
Extra charges for loaded vehicles will not be permitted.
1.4 Work Zone / Response Time
Work Zone: Zones will be circular in nature and will have the center located
at the City Garage, City Service Center, at 5352 Ayers. Distances used to
describe the zones shall be a radius originating at the City Garage. (See
Exhibit A)
Zone 1 - Shall be in a six-mile radius from the City Garage and will include
the Convention Center, City Transit, Police Department, Municipal Airport,
Cuddihy Airfield, Bill Witt Park and the south portion of the Port of Corpus
Christi.
Zone 2 - Shall be from the outside perimeter of Zone 1 and have an outside
radius measured form the City Garage of 10.5 miles or an increased radius
of 4.5 miles and will include all of Flour Bluff with the Naval Air Station and
as far south as Whiteley Street.
Zone 3 - Shall be from the outside perimeter of Zone 2 and shall include all
of Padre Island bounded on the north by Mustang Island State Park and on
the south by the Nueces/Kleberg County lines and will include the
remainder of the City that is in the Corpus Christi City limits to include the
Calallen area.
A. Outside of Zone 3 Extra Mileage Charges:
The City will allow extra mileage charges for tows that originate outside
Zone 3. This extra mileage charge shall apply to extra mileage charges
necessitated by deviation of route to sanitary landfill or other location
prior to delivery to City Garage or change of destination of the tow.
B. Estimated activity by zone and category is furnished for contractor's
information. Estimates of activity are based on actual number of calls
by category and zone for a 12-month period.
Response Time: Contractor will be required to respond to City calls (Police
and Fire Department dispatchers and the City Garage) within a reasonable
time. Reasonable time is generally determined to be 30 minutes in Zone 1,
40 minutes in Zone 2, and 60 minutes in Zone 3. In the event the Contractor
does not respond in reasonable time, the City shall reserve the right to
arrange for services from another wrecker company and charge back the
difference to the Contractor. However, the City's right to use other wrecker
companies for emergency equipment shall take precedence over the
normal response time requirement. Conditions and situations which require
the City to use other wrecker companies for emergency equipment, in lieu
of the normal response time, will not be charged back to the Contractor.
Frequent unreasonable delays causing excessive down-time for City
equipment, shall be a cause for contract termination.
Zone 3 within city IIMts Wrecker Z,ne 1
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1.5 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control
Program that is acceptable to the Contract Administrator to assure that the
requirements of the Contract are provided as specified. The Contractor will
also provide supervision of the work to insure it complies with the contract
requirements.
1.6 Administrative Requirements
A. All bills, tickets, or invoices shall be professionally printed on prepared
forms and contain the company's name and a sequential invoice
numbering system.
B. The following information will be required on each of the invoices/bills prior
to submission for processing and payment
(1) City unit number.
(2) License plate number.
(3) Date of tow/service.
(4) Name and Signature of police officer or City employee.
(5) City Garage's Purchase Order Number. Purchase order
- number will be secured from City Garage after completion of
tow. For tows after working hours, holidays, or weekends,
purchase orders will be secured the next working day.
(6) Will state basis of billing, i.e., Zone 1, Category 1, etc., (See
Paragraph 4 for zone and category designation.
(7) Pickup and delivery point - explanation of added charges.
C. Invoicing billing procedures: Invoices will be prepared and delivered to
the City Garage at time of service. In cases where service was performed
on a holiday or after hours, the invoice/bill will be delivered the following
working day.
D. Vehicles delivered after working hours or holidays.
(1) Will be parked at the City Garage in designated parking slots.
In no case will vehicles be left in driveways.
(2) Vehicle will be locked and windows rolled up.
(3) Vehicle's key will be placed in the slot provided in the front
door of the City Garage marked, "Wrecker Keys".
Attachment B - Bid Pricing/Schedule
ooIIsCITY OF CORPUS CHRISTI
II
moo BID FORM
yr PURCHASING DIVISION
4411
RFB No. 1418
1852 Wrecker Services for City Owned Vehicles
and Equipment (Light Vehicles)
Date: of_61_18 PAGE 1 OF 2
) Authorized '�/�
�1ZR 416 ZHG..-x1,4:Apollo`(owtIgnature: vV l_� •1'' fP
Bidder: �'
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Purchasing office, pursuant to the Code of Ordinances, is current
and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
4. Bidders must not write over or revise the bid form. Bidders will be considered Non-
Responsive if the bid form is modified.
Description Unit QTY Unit Price Total Price
Category 1 - 9,000 GVWR
Zone 1 Tow EA 2295 $ 60.00 $ 13-7,7o0.oo
Zone 2 Tow EA 150 $ 6c.OO $ 9115o.co
Zone 3 Tow EA 330 $ 70.00 _ $ 23, loo.Oo
Mud Pulls EA 75 $ 90.00 $ 6,750.00
Category 2 - 9,001-19,000 GVWR _
Zone 1 Tow EA 315 $ 130.O& $ 40,950.00
Zone 2 Tow EA 135 $ 140.00 $ 1$,900. Oo
Zone 3 Tow EA 90 $ 150.00 $ 13,500. 00
Mud Pulls EA 60 $ I60.00 $ 9,600.00
Description Unit QTY Unit Price Total Price
Jump Start
Zone 1 EA 120 $ 20.00 $ A,400.bo
Zone 2 EA 315 $ 20.00 $ 6,3b0.O0
Zone 3 EA 15 $ A5.00 $ 375.00
Police Flat
Zone 1 EA 945 $ 50.00 $ 47,250.ro
Zone 2 EA 30 $ 50.00 $ 1500.00
Zone 3 EA 105 $ 5'S.00 $ 5,775.oe
Dolly Use
Zone 1 EA 30 $ D.00 $ 0.00
Zone 2 EA 15 $ 0.DO $ 0.00
Zone 3 EA 6 $ O.DO $ 0.60
Extra Mileage EA 750 $ 3.75- $ 2.,8 2.5o
Total $ 326,614.So
Attachment C - Insurance Requirements
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 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 GL, AL and WC if applicable. 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: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises - Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 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 domiciled in Texas) Exhibit.
Employers Liability
*Workers' Compensation requirement $500,000/$500,000/$500,000
can be waived if contractor submits a
notarized Affidavit stating they are the
sole owner/employee of their
company. *
Garage Keepers Legal Liability $100,000.00
Cargo/On Hook Coverage $100,000.00
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.
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 insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to 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.
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.
It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2017 Insurance Requirements
Rurhasing
General Wrecker Contractors
12/04/2017 sw Risk Management
Revised 12/20/2017
Valid Through 09/30/2018
ATTACHMENT D - WARRANTY REQUIREMENTS
No warranty requirements necessary for this service agreement; Section 8.
Warranty is null for this service agreement.