HomeMy WebLinkAboutC2019-327 - 7/16/2019 - Approved alibi' 3,A
SERVICE AGREEMENT NO. 2154
-041Mowing Services for Mary Rhodes Pipeline
4coapUNAZo
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THIS Mowing Services for Mary Rhodes Pipeline Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and 2 Chainz Brush Cleaning LLC ("Contractor), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Mowing Services for Mary Rhodes
Pipeline in response to Request for Bid/Proposal No. 2154 ("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 Mowing Services for Mary Rhodes Pipeline
("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for four years, 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 zero additional zero-year 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. This Agreement is for an amount not to exceed
$144,000.00,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. 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.
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Approved as to Legal Form May 3,2019 SCANNED
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
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: Diana Zertuche Garza
Department: Utilities
Phone:361-826-1827
Email:DianaG@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
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7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
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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
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: Diana Zertuche Garza
Title: Contract/Fund Administrator
Address: 13101 Leopard Street, Corpus Christi, TX 78410
Phone: (361)-826-1827
Fax:(361)-826-4488
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IF TO CONTRACTOR:
2 Chainz Brush Cleaning LLC
Attn: Joe Chaney
Title: Owner
Address: P.O Box 126 , Lolita, TX 77971
Phone: 361-920-1383
Fax: N/A
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
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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).
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 if required
by said statute.
23. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
24. 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]
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CONTRACTOR
Signature: & (JI1CYTVtA)
Printed Name: vC _ d/t,�%s
Title: bin
,rr
Date: I I 11
CITY OF CORPUS CHRISTI
- � `-'
Kim Baker
Director of Contracts and Procurement
Date: /. l a .141
ATTEST: 4-;(--€4(1171/4
Attached and Incorporated by Reference: RE ECCA HUERTA
Attachment A: Scope of Work CITY SECRETARY
Attachment B: Bid/Pricing Schedule
Attachment C: insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 2154
Exhibit 2: Contractor's Bid/Proposal Response
Ma 1 : Au t nuns4.•
IT LIMN.
SECRfTARY4 0
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E .fir
ATTACHMENT A: SCOPE OF WORK
1131:2,
1.1 General Requirements/Background Information
A. The Contractor shall provide mowing services at the Woodsboro Pumping Station,
Bloomington Pump Station, Rincon Bayou Pipeline Easement and Mary Rhodes
Pipeline Easement.
B. The mowing services for the Mary Rhodes Pipeline Easement are undertaken in
accordance with the Water Department's maintenance operations of the Water
Supply System. All areas are in Nueces County, San Patricio County, Refugio County,
Victoria County, and Jackson County.
C. The Contractor shall be responsible for labor, supervision, equipment and
transportation necessary for the services.
D. The Contractor shall have enough resources and personnel to perform the work as
specified in this Scope of Work.
E. The Contractor shall follow Federal, State and local laws, ordinances and regulations
for the services.
1.2 Mowing Services
A. The Contractor will perform two mowing cycles in a year. First cycle shall be done from
the last week of August-September (Fall Mow) and Second cycle shall be done from
middle of April- May (Spring Mow). The Contract Administrator will notify Contractor of
the start date for each cycle. In the event of bad weather or wet conditions the
Contract Administrator will adjust the start date to minimize damage to pipeline
easement.
B. The Contractor shall mow a minimum of 40 acres each day. Additional property may
be added or deleted due to wet areas, property owner request and/or conditions
encountered in the field. Not all properties are mowed. There may be distances
between properties that are mowed. The Contract Administrator will develop a list of
properties to be mowed before each mowing cycle.
C. The Contractor shall perform all operations in daylight hours, sunrise to sunset.
D. The Contractor shall perform mowing services to various locations along the 5o feet
wide pipeline easement from Lake Texana to Corpus Christi.
E. The Contractor shall mow to a cutting height of approximately 5 inches.
F. All mowing equipment shall be equipped with sharp blades so as not to tear, but
cleanly cut the blades of grass.
G. The Contractor shall mow as close as practicable to all fixed objects exercising
extreme care not to damage trees, plants, shrubs, fences, cattle and livestock pens,
roads, power poles, guardrails, culvert head walls, delineators or other appurtenances
which are part of the easement.
Page 1 of 5
H. The Contractor shall hand trim around all fixed objects such as trees, fences, Corrosion
Monitoring Station (CMS), Air release valve (ARV) RV/vaults, signs, power poles,
guardrails and culvert head walls, unless specified otherwise and will be a subsidiary
to the mowing operation.
I. Mowing will not be permitted when, in the opinion of the Contract Administrator, soil
and weather conditions are such that the easement will not be damaged.
J. Care shall be taken to prevent discharge of grass clippings onto paved surfaces such
as streets, parking areas and drive areas.
K. The Contractor shall be responsible for cleaning the area of trash and debris prior to
mowing to prevent the scattering of trash; and afterwards to retrieve and dispose of
any trash and debris. The Contractor shall ensure that at no time will trash such as soft
drink cans, bags, rags or other debris be discarded intentionally or accidentally onto
the property during the maintenance operation, or cause spillage of oils, gasoline,
diesel, or other chemicals onto the property. The Contractor shall have available all
necessary cans, pans, absorbents or other means of capturing chemicals that leak on
equipment or spillage during fueling or servicing of equipment occur.
L. The Contractor shall develop a work schedule based on the properties that are
proposed to be mowed. However, the work must be scheduled during the daylight
hours. The Contract Administrator must approve the schedule prior to commencing
the mowing program. It is expected that the work will be scheduled effectively
throughout the contract period in order to accomplish an overall well-managed
mowing maintenance program.
M. The Contractor's weed eater crew will complete the property, before mowing crew
will be permitted to mow the next property.
N. In case of equipment breakdown, the Contractor shall either replace the equipment
or repair the equipment in the field. If repairing in the field all precautions must be
taken to not damage the property owners land.
O. The Contractor will be required to power wash before Bobby McCan property ID#VI-
037. The Contractor will have to carry water and necessary equipment to accomplish
this task.
1.3 Equipment
A. A minimum of two fifteen-foot batwing mowers with enclosed cabs are required for
this work. A separate weed eater crew is required with their own transportation.
Equipment verification by the Contract Administrator will occur prior to awarding
contract.
B. All Contractor equipment must be equipped with safety devices that conform to
manufacturer's standards and all applicable OSHA regulations. All equipment shall
be kept in good operating condition and shall always be maintained to provide a
clean sharp five inch cut of vegetation. The Contractor Administrator shall approve
all equipment.
C. The Contractor shall not leave equipment within 30 feet of any travel lane during non-
working hours.
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1.4 Safety Requirements
A. 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.The signs, sign stands, safety flags, and all other safety materials, devices and
safety vests which may be required to protect the mowers and the traveling public
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 and 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 therein to correct the unsatisfactory
conditions.
B. The Contractor shall take proper measures to protect all property which might be
damaged by Contractor's work, and, in case of any injury or damage resulting from
any act or omission on the part of or on behalf of the Contractor, he/she shall restore
at his/her own expense the damaged property to a condition similar or equal to that
existing before such injury or damage was done, or he/she shall make good such
injury or damage in an acceptable manner. All damage which is not repaired or
compensated by the Contractor will be repaired by City forces at the Contractor's
expense. All expenses charged by the City for repair work shall be deducted from
any monies owed to the Contractor.
C. No smoking shall be permitted on any of the properties.
1.5 Compensation
A. The quantity mentioned in the bid/pricing schedule is the maximum quantity need to
be mowed during the term of the contract under ideal condition. The quantity to be
mowed depends on the circumstances in the field.
B. The Contractor shall be compensated at the provide unit price per acre for the
mowing. Unit price/acre includes but not limited to labor, supervision, equipment,
transportation necessary to perform the services.
1.6 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 ensure it
complies with the contract requirements.
1.7 Sample List of Properties
The sample list of properties is for reference only on the Mary Rhodes pipeline and not all
properties listed are to be mowed. Changes will be made based on conditions
encountered in the field.
Jackson County South of the town of LaSalle to the North bank of Garcitas Creek
JA-032 Wood 5,1 1 1'
Page 3 of 5
Victoria County South of Garcitas Creek to South bank of the San Antonio River
VI-002 Keeran 12,198'
VI-004 Dail 12,200'
VI-005 Shelton 4,538'
VI-006 Kanaly Trust 8,218'
VI-33A Cogswell & Rubac VI-033 1,033'
VI-36 Kovar 4,449'
VI-37 McCan 25,837'
VI-40 Haritas 12,384'
Refugio County South bank of the San Antonio River to South of Aransas River
RE-001 K.O. Conner 1,530'
RE-002 Shelton 9,366'
RE-003 Martin O'Conner 3,400'
RE-005 Welder Heirs 7,000'
RE-006 Frances Heard Billups 4,540'
RE-007 Vivian O'Conner 10,000'
RE-008 Heard 2,406'
RE-009 Shay Cantu 2,107'
RE-010 Cunningham 5,480'
RE-012 Pfeil 2,133'
RE-013 Pfeil deduct 600' 1,295'
RE-014 Heard 7,240'
RE-018 Scanio 10,433'
RE-025 O'Brien 2,669'
RE-026 Shay (CAUTION) 2,115'
RE-027 T.M. O'Conner 1,345
RE-028 Scanio 4,893'
RE-029 Shelton 2,509'
RE-031 Daniel Braman 5,701 '
RE-032B Wood Trust 1,717'
Page 4 of 5
RE-033 Wood Trust 10,066'
ROAD Union Pacific RR 1,361 '
RE-051 Rooke 10,276'
RE-052 Aldrete Ranch 13,164'
RE-053 Rooke-Canfield 7,175'
RE-055 Rooke 8,405'
RE-056 Rooke-Canfield 7,594'
RE-057 Rooke & Sons 4,204'
San Patricio County South bank of the Aransas River to South of the Nueces River
SP-002 Pat Welder & Refuge 31,400'
SP-004 Hamilton 9,902'
SP-050 McGregor 7,800'
Page 5 of 5
rs c
Attachment B: Bid/Pricing Schedule
;';111■ ,i, CITY OF CORPUS CHRISTI
� '4
PURCHASING DIVISION
,114,04-1,5„,„0-7Revised BID FORM 05/06/2019
RRVORA EO
1852 RFB No. 2154
Mowing Services for Mary Rhodes Pipeline
r I PAGE 1 OF 1
'J I
Date: /
Authorized tiekmai
Bidder: c-9 tirtz fUSJ irin Signature: ("
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.
Item Description UNIT QTY- 4 Unit Price Total Price
years
1 Easement/Mowing from Acres 3200 $ O0 $
South of Lake Texana to
West of IH 37 Station 5165+00 I 0DDD
r
Total
i1('t ; 0Uw
Page 1 of 1
ATTACHMENT C: INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract 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
change, or termination required on all Per occurrence aggregate
certificates and policies.
COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence
1. Commercial Broad Form $1,000,000 Aggregate
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 of this
(All States Endorsement if Company is 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, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
Page 1 of 3
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
Page 2 of 3
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.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2019 Insurance Requirements
Purchasing
Mowing and Lawn Maintenance Services
03/13/2019 sw Risk Management
BONDS
Bonds are not required for this service therefore; Section 5(B) is void
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ATTACHMENT D: WARRANTY REQUIREMENTS
No product warranty is required therefore, Agreement Section 8 warranty
Subsections 8(A) & 8(B) are hereby void.
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