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40. SERVICE AGREEMENT NO. 2318
Moving and Relocation Services
1852
THIS Moving and Relocation Services Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Advance Paving and Construction ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Moving and Relocation Services in
response to Request for Bid/Proposal No. 2318 ("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 Moving and Relocation 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 two 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 three additional one-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
$150,000.00, 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.
Service Agreement Standard Form Page 1 of 7
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: Jesse Hernandez
Department: Asset Management
Phone: (361) 826-1983
Email: JesseH@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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Approved as to Legal Form May 3, 2019
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: Jesse Hernandez
Title: Superintendent of Operations
Address: 5352 Ayers, Bldg. 3A, Corpus Christi, Texas 78415
Phone:(361 () 826-1983
Fax: (361) 826-1989
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IF TO CONTRACTOR:
Advance Paving and Construction
Attn: Daniel J. Gonzales
Title: Owner
Address: 4425 Jose Drive, Corpus Christi, Texas 78416
Phone: (361) 739-3869
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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Approved as to Legal Form May 3, 2019
CONTRACTOR
Signature: 7
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Printed Name:
Daniel J Gonzales
Title: Owner
Date: 8/28/2019
CITY OF CORPUS CHRISTI
e ?)ait.t,
Kim Baker
Director of Contracts and Procurement
p ATTEST: �/C.k Gt�C/v Y'"�
Date: �O. �w . l l REBECCA PUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only: .1 .Au,nv•u..'
Exhibit 1: RFB/RFP No. 2318
Exhibit 2: Contractor's Bid/Proposal Response .P44IT C, CIL 10-15---,La.-
- '1 j
AS
SECRETARY
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form May 3,2019
Section 4 - Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide moving and relocation services to City owned
locations listed in the Scope of Work. The Contractor shall provide services on an as
needed basis, under a job order contract. The Contractor shall have sufficient
responsible, trained personnel qualified to provide the required services.
1.2 Scope of Work
A. The Contractor shall furnish labor, supervision, supplies, materials, tools,
equipment, and transportation necessary to perform Moving and Relocation
Services for all locations. Work to be performed under this contract will include,
but is not limited to, the following:
1. Move packed boxes and associated items
2. Securing furniture to be moved or relocated
3. Move or relocate furniture and associated items from one office to another in
the same building
4. Move or relocate furniture and associated items from one office to another
location
5. Loading and driving
6. Estimating
7. Clean-up
8. Disposal services (removing unwanted items and proper disposal)
9. Material pick-up and delivery
10. Equipment moving
11. Table and chair set-up and break-down
B. The Contractor and all personnel assigned the work shall have experience with
the above listed services.
C. The Contractor shall provide a written estimate and receive a job order to
proceed before beginning any work.
D. Information shall be provided to the Contractor through job order or phone
request. In the event of an emergency need job order shall be given after
placing phone requests.
E. Contractor personnel shall be available to take those job orders.
F. Contractor shall provide an estimate based on the job order.
G. Estimates shall include labor, materials and any equipment necessary to perform
the work in accordance with the contract pricing sheet.
H. The Contractor is responsible for making repairs or replacement of any material
or equipment damaged during the completion of work or as the results of action
Revised 6.20.18
or inaction by Contractor's staff. After completion of services, Contractor shall
report back to the Operation Superintendent or designee. If any services under
this service agreement cannot be performed, the Contractor shall immediately
notify the Operation Superintendent at telephone number 361/510-1597.
Contractor shall provide assessments and make recommendations.
1.3 Service Call
A. The Asset Management Staff will provide the job order before commencement
of services which must be signed by the City and the Contractor before the
work begins.
B. Job order pricing will be based on unit costs outlined in the Bid/Priding
Schedule.
1.4 Security Personnel
The Contractor shall assure that all crews are fully and properly equipped to perform
services promptly and safely without delay. All personnel assigned to this service
agreement shall wear a uniform, including safety equipment and any company
issued photo identification. Contractor's employees working on site shall wear
clothing with an identifiable logo bearing the name of the company visible from 15
feet always. All personnel shall be neatly dressed in shirts, safety shoes, and long
pants. Shorts or torn clothing are unacceptable. The Contractor shall conduct
background checks for all personnel before assigned to work under this agreement.
1.5 Recordkeeping
The Contractor shall establish and maintain a log delineating complete and
accurate records of all job orders (labor, equipment and materials) for each
location for the term of the Contract. The Contractor shall update the logs after
each service defined in the Contract.
1.6 Invoicing
Each month, the Contractor shall submit the invoice plus a copy of the job order for
all services to the City. Invoices shall include:
1. Work description, Job Order Number, Location and date of services.
2. All hours billed, itemized by hourly rate for labor.
3. Approval for payment shall be authorized by the Contract Administrator or
Operation Superintendent.
1.7 Work Locations
A. The Contractor shall perform moving and relocation services as needed to the
following locations:
BUILDING Address Zip Code
1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416
2 City Hall 1201 Leopard St, Corpus Christi, TX 78401
3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415
4 Police Department 321 John Sartain St, Corpus Christi, TX 78401
Revised 6.20.18
5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401
6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408
7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415
Broadmoor Senior
8 Center 1651 Tarlton St, Corpus Christi, TX 78415
Ethel Eyerly Senior
9 Center 654 Graham Rd. Corpus Christi, TX 78418
Garden Senior
10 Center 5325 Greely Dr, Corpus Christi, TX 78412
Greenwood Senior 4040 Greenwood Dr, Corpus Christi,
11 Center TX 78416
Lindale Senior
12 Center 3135 Swantner St, Corpus Christi, TX 78404
Northwest Senior
13 Center 9725 Up River Rd, Corpus Christi, TX 78410
Oveal Williams Senior
14 Center 1414 Martin Luther King Dr, CC, TX 78401
15 Zavala Senior Center 510 Osage St, Corpus Christi, TX 78405
La Retama Central
16 Library 805 Comanche St, Corpus Christi, TX 78401
17 Garcia Public Library 5930 Brockhampton St, CC, TX 78414
Janeth Harte Public
18 Library 2629 Waldron Rd, Corpus Christi, TX 78418
Hopkins Public
19 Library 3202 McKenzie Rd, Corpus Christi, TX 78410
4044 Greenwood Dr, Corpus Christi,
20 McDonalds Library TX 78416
Neyland Public
21 Library 1230 Carmel Pkwy, Corpus Christi, TX 78411
Joe Garza
22 Recreation Center 3204 Highland Ave, Corpus Christi, TX 78405
Lindale Recreation
23 Center 3133 Swantner St, Corpus Christi, TX 78404
Oak Park Recreation
24 Center 842 Erwin Ave, Corpus Christi, TX 78408
Oso Recreation
25 Center 11 1 1 Bernice Dr, Corpus Christi, TX 78413
Solomon Coles Rec
26 Center 924 Winnebago St, Corpus Christi, TX 78401
Science and History 1900 N Chaparral St, Corpus Christi,
27 Museum TX 78401
Al Kruse Tennis
28 Center 502 King St, Corpus Christi, TX 78401
29 HEB Pool Complex 1520 Shelly St, Corpus Christi, TX 78404
30 HEB Tennis Court 1520 Shelly St, Corpus Christi, TX 78404
31 Central Kitchen 4141 Old Brownsville Rd, CC, TX 78405
Revised 6.20.18
32 0 N Stevens Plant 13101 Leopard St, Corpus Christi, TX 78410
33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415
Oso Wastewater
34 Treatment Plant 501 Nile, Corpus Christi, TX 78412
6541 Greenwood Dr, Corpus Christi,
35 Greenwood WWTP TX 78417
36 Broadway WWTP 1402 W Broadway, Corpus Christi, TX 78401
Laguna Madre
37 WWTP 201 Jester St, Corpus Christi, TX 78418
White Cap Waste
38 WWTP 13409 White Cap St, Corpus Christi, TX 78418
Allison Wastewater
39 Treatment Plant 4101 Allison St, Corpus Christi, TX 78410
40 Cefe Landfill 2397 Co.Rd.20, Robstown, TX 78380
J C Elliot Transfer
41 Station 6594 Greenwood St, Corpus Christi, TX 78415
42 Unknown locations City Wide
B. Special Instructions:
1. If the service personnel do not perform as required by this Agreement, the City
has the right to reject the personnel and the Contractor is liable to deploy new
personnel.
2. The Contractor shall report to the Operation Superintendent or designee at the
location upon arrival.
3. If the Contractor is required to leave the premises to obtain parts or other
materials, the Operation Superintendent or designee must be notified. Working
hours spent outside the premises will not be considered as billable hours.
4. The Contractor must clean work site from debris or hazardous items after
completion of work.
1.8 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.
Revised 6.20.18
Attachment B - Bid/Pricing Schedule
GOvsc CITY OF CORPUS CHRISTI
e.,sl CONTRACTS AND PROCUREMENT
v v DEPARTMENT
MDRIOPp tO BID FORM
1852
RFB No. 2318
Moving and Relocation Services
PAGE 1 OF 1
Date: y I I
Authorized ,
Bidder: Ajd6VIefv16115101Crit4 Signature: lli L L-
V
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 Contract and Procurement 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 Unit Price Total
Price
1. Labor for Moving and 700 HRS $ a•2 O� $1106
Relocation Services D ,
2. Labor After Hours, 5:00pm to 100 HRS $ 99, 0 $ Q 90
8:00pm to include weekends I
Total $ ry�.,
,:z 1/15(,Uig
Note: The total amount shown above is for bid purposes only.
The Contact value is a predetermined amount established
and published in the RFB as this is a job order contract.
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-written day notice of cancellation Bodily Injury and Property Damage
required on all certificates or by applicable
Per occurrence - aggregate
policy endorsements.
COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence
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 of
this Exhibit.
Employers 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.
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.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2019 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
04/26/2019 Risk Management- Legal Dept.
Attachment C - Bond Requirements
No bond requirements necessary for this service agreement; Section
5. Insurance; Bonds Subsection (B) is null for this service agreement.
Attachment D - Warranty Requirements
No specific warranty requirements are necessary for this service agreement;
therefore, Section 8. Warranty, Sub Section (B) is null for this service agreement.