LM 27-02 Mowing Bid_2.pdf

CITY OF LA MARQUE

INVITATION TO BID

LM #27-02

Lawn Maintenance Services for City Facilities and Parks

Notice is hereby given that the City of La Marque will receive sealed bids for the following bid invitation until 10:00 a.m. Wednesday, September 16, 2026, for:

Lawn Maintenance Services for City Facilities and Parks

Bids will be received at the Office of the City Clerk, 1111 Bayou Road, La Marque, Texas, 77568, until Wednesday, September 16, 2026, at 10:00 a.m. at which time all bids will be opened and publicly read.

Preferred method of Bid Proposal submittal is through the City Website Bid Submittal procedures. If a paper copy is the only method available, you must identify on the outside of your submitted bid packet the LM # and the name of the product or service you are submitting the bid for. Any bids received after the aforestated time will be returned unopened. The City of La Marque DOES NOT accept FAXED or EMAILED BIDS.

Specifications and bidding documents are available on the City’s website at:

www.cityoflamarque.org

Bids must be addressed to and delivered to:

City of La Marque Attn: City Clerk 1111 Bayou Rd.

La Marque, TX 77568

Any Questions on: LM Bid #27-02 please contact Amanda Hobby at: a.hobby@cityoflamarque.org or 409-938-9280.

The City reserves the right to accept or reject any or all bids and to accept those proposals that are in the best interest of the City of La Marque. Any bids received after the posted time will be returned unopened.

Juanita Willman City Clerk http://www.cityoflamarque.org/ mailto:a.hobby@cityoflamarque.org

TERMS AND CONDITIONS

LAWN MAINTENANCE SERVICES FOR CITY FACILITIES AND PARKS

1. Specifications and bidding documents may be secured from the City’s website www.cityoflamarque.org , at La Marque City Hall, 1111 Bayou Road, La Marque, Texas 77568 or by contacting the City Clerk’s office at 409-938-9200

2. The City of La Marque reserves the right to reject any or all bids and to waive informalities in bidding. In case of ambiguity or lack of clearness in stating the prices in any bid, the City reserves the right to consider the most advantageous thereof, or to reject the bid. The award will be made to the responsible bidder submitting the lowest acceptable bid.

3. All contractors must be registered with the City prior to submitting a bid.

4. Before submitting a bid, each bidder must (a) examine the contract document thoroughly, (b) visit the site(s) to familiarize himself/herself with local conditions that may in any manner affect cost, progress or performance of the work, (c) familiarize himself/herself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work, and (d) study and carefully correlate bidder’s observations with this bid packet.

5. The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

6. Bids will be rejected if:

A. The envelope is not properly marked in a manner that clearly identifies it as a bid and is not delivered to Robin Eldridge, City Clerk.

B. It is received after the advertised closing date and time for receipt of bids.

C. It is submitted on a bid proposal form other than that provided by the City of La

Marque; is not completely filled in, is incomplete, conditional, or obscure or that contains any additions not called for in the specifications.

D. Bid Proposal Forms provided are not manually signed by the person authorized to enter their company into a contract giving their title or authority, company name, address and phone number.

E. Contractor’s Registration is not current with the City of La Marque.

F. Contractor has not provided proof of current insurance as outlined in Exhibit A. (No exceptions).

7. PRICE OF MATERIALS AND SALES TAX: This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (f) of the Texas Limited Sales, Excise and the use tax act. The contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the http://www.cityoflamarque.org/ performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with the State Comptroller’s Ruling No. 95-0.07. Any such exemption shall be subject to the provisions of the State Comptroller’s Ruling Number 95-0.09 as amended to be effective October 2, 1968.

8. The City of La Marque reserves the right to revise or amend the specifications prior to the date set for opening bids. Such revisions or amendments, if any will be announced by addenda or addendum to these specifications. Copies of such addenda so issued will be furnished to all prospective bidders.

9. Unit price should reflect all charges, i.e., bid unit price, quantity specified and the total charges. In case of errors in the extension, the unit price will govern the bid.

10. No payment will be made to the contractor until all material and work is approved and accepted to the satisfaction of the City of La Marque; payment on invoice will then be net 30 days.

11. Bids cannot be altered or amended after the opening time. Any alterations made before opening time must be initialed by the bidder or his authorized agent. No bid may be withdrawn after opening without approval, and based on a written acceptable explanation.

12. A catalog, brand name or manufacturer’s reference used in the bid invitation is DESCRIPTIVE NOT RESTRICTIVE; it is to indicate type and quality desired. Bids on brand of like nature will be considered. If bidding on other than referenced specifications, bidder must show manufacture, brand or trade name, lot number, etc., of the article offered.

13. CONTRACT TERM: This contract will be for one (1) year dated from October 1, 2026, ending September 30, 2027, with the option for an additional one (1) year renewal of contract.

14. The vendor hereby assigns to the purchaser any and all claims for over-charges associated with this contract which arise under the Antitrust Laws of the United States, 15 U.S.C.A., §1, et. Seq. (1973).

15. The City of La Marque reserves the right to award all sections to a single bidder or separate bidders.

16. Bids received after the closing time will be returned unopened.

17. The criteria utilized by the City of La Marque for determining the lowest and best contractor includes, but is not limited to, whether the contractor meets the City of La Marque’s published specifications, the contractor’s experience, skill, ability, possession of the necessary facilities or equipment, insurance, proposal price, and any other factor which could be reasonably asserted as being relevant to successful performance.

18. All shipping and delivery charges to be paid by supplier. FOB City of La Marque, 1111 Bayou Road, La Marque, Texas 77568, or other designated site.

19. It shall be a breach of ethics to offer, give or agree to give an employee or former employee of the City of La Marque, or for any employee or former employee of City of La Marque to solicit, demand, accept or agree to accept from a another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore pending before the City of La Marque.

20. It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the City of La Marque, or any person associated therewith, as an inducement for the award of a subcontract or order.

21. The responder shall not accept or offer gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of the City of La Marque.

PRICE REVISION CLAUSE:

Whenever possible, the City of La Marque desires firm prices for the full contract period.

It is recognized by the City of La Marque that qualified bidders may be unwilling to guarantee each category of unit prices during the entire period of this contract because of price changes from the bidder’s source of supply.

In such instances, an asterisk (*) must be placed by the item or items which the bidder is unwilling to guarantee the price for the full contract period, and the partial period of the contract price should be noted on a separate sheet. Such items will be subject to price changes due to increases or decreases in cost from the bidder source of supply during the term of the contract.

INCREASES:

Permissible price revisions in any event shall not exceed the actual unit cost or percentage cost revisions from the bidder’s source of supply. It will ordinarily be the policy of the City of La Marque to accept prices increases which have been noted in the bid proposal when the amount of such increase is reasonable and does not exceed the limit set out in the preceding sentence. However, the City of La Marque reserves the right to obtain a different source of items which have been increased in price.

DECREASES:

If a vendor does take advantage of this “price revision clause”, the City of La Marque will expect any decreases in cost from the bidder’s source of supply during the term of the contract to lower the City’s price for such item or items.

NOTE: The City of La Marque must have thirty (30) days written notice prior to any increase or decrease in existing prices.

A bid will not be considered where there is not price information offered, nor can bids be considered where prices in effect at the time of shipment are offered.

SPECIFICATIONS

LAWN MAINTENANCE SERVICES FOR CITY FACILITIES AND PARKS

LOCATIONS

Property Bayou City Park

1. Address: 217 Bayou Road, La Marque, Texas 77568

Property Bird Sanctuary

2. Address: 317 Bayou Road, La Marque, Texas 77568

Property Mac McGaffey Highland Bayou Park

3. Address: 1991 Getty Road, La Marque, Texas 77568

4. Property Jaycee Park Address: 2706 Magnolia, La Marque, Texas 77568

Property Lagana Park

5. Address: 1322 Yupon, La Marque, Texas 77568

Property Martin Luther King, Jr. Memorial Park

6. Address: 416 Apricot, La Marque, Texas 77568

Property Mahan Park

7. Address: 2701 Woodland Drive, La Marque, Texas 77568

Property Walter Feigle Park

8. Address: 1009 Bayou Road, La Marque, Texas 77568

Property Westlawn Park

9. Address: 3010 Melody Drive, La Marque, Texas 77568

Property La Marque Cemetery

10. Address: 1709 Oak Street, La Marque, Texas 77568

Property City Hall

11. Address: 1111 Bayou Road, La Marque, Texas 77568

Property Fire Department, Station 2

12. Address: 1109-A Bayou Road, La Marque, Texas 77568

Property Library

13. Address: 1011 Bayou Road, La Marque, Texas 77568

Property Police Department

14. Address: 431 Bayou Road, La Marque, Texas 77568

Property Firemen’s Hall

15. Address: 320 Laurel, La Marque, Texas 77568

Property La Marque Economic Development Corporation

16. Address: 1130 1st Street, La Marque, Texas 77568

Property La Marque EDC Property

17. Address: 401 Laurel, La Marque, Texas 77568

Property La Marque EDC Property

18. Address: 408-418 Laurel, La Marque, Texas 77568

SCOPE OF WORK AND SPECIAL CONDITIONS

1. SCOPE OF WORK

The scope of work under this bid shall include all materials, labor, equipment, fuel, supervision, disposal fees, and incidentals for the lawn maintenance service of the city facilities and parks properties listed. It is the contractor’s responsibility to follow all City, State and Federal Guidelines in regards to the disposal of trash, debris, etc. All work shall be performed in accordance with all Local, State and Federal regulations in addition to the following:

a. The Contractor shall have mowing, trimming and clean-up equipment necessary to perform and complete all aspects of the services described herein. The Contractor shall have sufficient mowing, trimming, clean-up and workforce necessary to complete services in a timely manner.

b. The mowing equipment shall be equipped with sharp blades so as not to tear but cleanly cut the blades of grass. All mowing, trimming and clean-up equipment shall be in good repair and qualified operators shall be responsible for the care and handling of the equipment to carry out the requirements of this Contract.

Additionally, the Contractor shall have hand mowers, trimmers and other related clean-up equipment available to complete the work assigned.

c. The City reserves the right to prohibit the Contractor from working with a piece of equipment it deems to be a danger to the Contractor or the general public.

The Contractor warrants that all equipment used in satisfying the Contractor’s obligations under this Contract is sufficient for the services required herein.

Additionally, the Contractor shall maintain or have immediate access to adequate back-up mowing, trimming, and clean-up equipment in order to sustain continuous operations in the event of equipment failure. The use of insufficient and/or inadequate machinery or equipment as determined by City staff as assigned, shall be deemed a breach of this contract.

d. Furnish all materials, labor, equipment, fuel, supervision, disposal fees, and incidentals needed for the completion of the work described below.

e. Remove all trash/debris/rubbish from the lawn, landscaped areas and parking lots. If Contractor believes there is trash or debris which is beyond the scope of the contract, the trash/debris will be evaluated by City staff as assigned for determination.

f. Mow all grass and weeds.

g. Neatly trim all hedges and trees, as necessary.

h. Line trim all turf areas, paying close attention to playground equipment, picnic tables, benches, and other fixtures.

i. Sweep/power blow to clean up landscape related grass, leaves, etc.

j. Properly dispose of any hedge clippings, tree limbs, trash, debris, etc.

k. Mowing period shall begin October 1, 2026, and continue through September 30, 2027. The City of La Marque reserves the right to exercise a one-year option to renew, which, if chosen, would expire on September 30, 2028.

l. The Contractor shall be expected to perform the number of visits per the schedule below:

Oct. Nov. – Apr. May – Sept. Total # Visits

# Visits Per Location

3 per month

2 per month

4 per month

m. Bid pricing must be submitted on a per service visit fee for each location.

2. BID BOND

All Bids shall be accompanied by a cashier’s or certified check upon a national or state bank in the amount of five percent (5%) of the total maximum bid price payable without recourse to the City of La Marque, La Marque, Texas or a bid bond on the same amount from a reliable Surety Company, as a guarantee that bidder will enter into a Contract. The notice of award of Contract shall be given by the Owner within sixty (60) days following the opening of bids. Checks submitted as bid security will be returned to the respective bidders within ten (10) days after bids are opened, except checks, or bonds, which the Owner elects to hold until the successful bidder has executed the Contract. Thereafter, the remaining checks, including security of successful bidder, will be returned within five

(5) days. Remaining bid bonds will not be returned unless requested by Bidder.

The successful bidder must furnish Performance Bond and Payment Bond upon the forms which are attached hereto in the amount of one hundred (100%) percent of the contract price within 15 days after receipt of the contract documents. Payment and performance bonds shall be issued from sureties with a minimum “A” or “A- rating from Best’s Key Rating Guide and who are licensed by the Texas Department of Insurance to do business in Texas and to issue said bonds. The bonds must be signed by an authorized representative of the surety, and licensed by the State Board of Insurance. The Bonds shall be filed with the Galveston County Clerk for record, and proof must be submitted to the City of La Marque, Texas.

Bid Security

1. Bid Security shall be made payable to City of La Marque, in amount of five (5%) percent of the Bidder’s maximum Bid price and in the form of a certified bank check or a Bid Bond issued by a Surety meeting the requirements of Paragraph 5.02 of the General Conditions.

2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, City of La Marque may annul the Notice of Award and the Bid Security of that Bidder will be forfeited.

3. The Bid Security of any Bidder whom the City of La Marque believes to have a reasonable chance of receiving the award may be retained by the City of La Marque until the earlier of the tenth day after the “effective date of the Agreement” (which term is defined in the General Conditions) by the City of La Marque to Contractor and the required Contract Security is furnished or the sixty-first day after the Bid opening. Bid Security of other bidders will be returned within ten days of the Bid opening.

PERFORMANCE BOND

STATE OF TEXAS }

COUNTY OF GALVESTON }

KNOW ALL MEN BY THESE PRESENTS:

That , Hereinafter called Principal, and

Hereinafter called Surety, are held and firmly bound unto the City of La Marque hereinafter called Owner, in the full and just sum of

Dollars, ($ ) good and lawful money of the United States of America for the payment of which well and truly to be made, the said Principal and Surety hereby jointly and severally bind ourselves, heirs, executors, administrators, successors and assigns firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Owner, Agreement dated , to which contact is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the drawings, and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of contract, or to the work performed thereunder, or the specifications or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

PROVIDED, FURTHER, that no final settlement between the City of La Marque and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2026.

PRINCIPAL:

By

Title

Address

SURETY:

NOTE: Date of Bond must not be prior to date of Agreement. If Contractor is Partnership, all partners should execute Bond.

1. principles to provide the following certificate:

CERTIFICATE AS TO PRINCIPAL

I, , certify that I am secretary of the named as principal in the within Bond, that who signed the said Bond on behalf of the principal, was then of said : that I know his signature, and his signature thereto is genuine;

and that said Bond was duly signed, sealed, and attested for and in behalf of said by authority of its governing body.

_ (Corporate Seal)

2. Surety shall provide a current power of attorney.

3. Date of Bond and surety power-of-attorney must not be dated prior to date of Agreement.

4. Surety companies executing bonds must appear on the Treasury Departments most current list (Circular 570 amended) and be authorized to transact business in the State of Texas.

PAYMENT BOND

STATE OF TEXAS }

COUNTY OF GALVESTON }

KNOW ALL MEN BY THESE PRESENTS:

That , Hereinafter called Principal, and

Hereinafter called Surety, are held and firmly bound unto the City of La Marque hereinafter called Owner, in the full and just sum of

Dollars, ($ ) Good and lawful money of the United States of America for the payment of which well and truly to be made, the said Principal and Surety hereby jointly and severally bind ourselves, heirs, executors, administrators, successors and assigns firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Owner, Agreement dated , to which contract is hereby referred to and made a part hereof as fully and the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and materials to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void;

otherwise to remain in full force and effect.

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder or the specifications or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 .

PRINCIPAL:

SURETY:

NOTE: Date of Bond must not be prior to date of Agreement. If Contractor is Partnership, all partners should execute Bond.

1. principals to provide the following certificate:

CERTIFICATE AS TO _ PRINCIPAL

I, , certify that I am secretary of the Corporation named as principal in the within Bond, that , who signed the Bond on behalf of the principal, was then of said ; that I know his signature, and his signature thereto is genuine; and that Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body.

(Corporate Seal)

2. Surety shall provide a current power of attorney.

3. Date of Bond and surety power-of-attorney must not be date of Agreement.

4. Surety companies executing bonds must appear on the Treasury Departments most current list (Circular 570 amended) and be authorized to transact business in the State of Texas.

CHECKLIST

(Attach the following to the Bid Summary)

Contractor

Contractor's Registration number assigned by City of La Marque Development Services department

For City use only

Copy of General Liability Insurance with City of La Marque as Certificate Holder

Copy of Worker's Compensation Insurance

Bid Bond or

Cashier's check made out to the City of La Marque in the amount of 5% of the Total Bid

Conflict of Interest Questionnaire

I understand that if I am the successful bidder, I must provide a Performance Bond, Payment Bond, and complete Contract with the City of La Marque within 15 days prior to issuance of the Bid.

Contractor's Signature

BID SUMMARY

LAWN MAINTENANCE SERVICE FOR CITY FACILITIES AND PARKS

PARK PER SERVICE TOTAL

Bayou City Park (217 Bayou)

Bird Sanctuary (317 Bayou)

Mac McGaffey Highland Bayou Park

(1991 Getty Road)

Jaycee Park (2706 Magnolia)

Lagana Park (1322 Yupon)

Martin Luther King, Jr. Memorial

Park (416 Apricot)

Mahan Park (2701 Woodland)

Walter Feigle Park (1009 Bayou)

Westlawn Park (3010 Melody)

La Marque Cemetery (1709 Oak)

City Hall (1111 Bayou Road)

Fire Department & Station 2 (1109-A

Bayou Road)

Library (1011 Bayou Road)

Police Department (431 Bayou Road)

Firemen’s Hall (320 Laurel)

La Marque EDC (1130 1st Street)

La Marque EDC (401 Laurel)

La Marque EDC (408-418 Laurel)

GRAND TOTAL $

SIGNATURE PAGE

LAWN MAINTENANCE SERVICE FOR CITY FACILITIES AND PARKS

BY SIGNATURE HEREON AFFIXED, the bidder certifies neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for firm, corporation, or the institution has violated the Antitrust Laws and Commerce Code, or the Federal Antitrust, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

Total amount of Bid: $

Company Name

Signature

Printed Name & Title

City, State & Zip

Phone Fax

E-Mail

Date

Acknowledgement of any and all addendums received:

Addendum #1

Addendum #2

“EXHIBIT A”

EXCERPT FROM

CITY OF LA MARQUE

PURCHASING POLICY

November 11, 2013

INSURANCE REQUIREMENTS

Whenever the City contracts with an outside party (contractor, consultant, vendor, or concessionaire) for goods or services, the bid or request for proposal that is released to the public should include an indemnity clause (hold harmless clause), along with a contractual agreement, to be executed upon award of the contract, that transfers the risk of the project from the City to the contractor. Because the contractor may or may not have the financial resources to handle the risks that are transferred in the contract, the City requires that insurance be purchased and maintained by the contractor for financial security.

Most contracts are tailored for individual projects and programs; therefore, certain elements of the insurance required should be addressed in every contract document. One of the most important elements is the actual insurance coverage, which includes the coverage types, and limits that are dependent upon the nature of the project/program. A summary of the various types of policies and coverage they provide are discussed in greater detail in the remainder of this section.

Although not all of the coverages are required for every project (and limits will vary by exposure), and understanding the coverage provided by these policies is important to assure that all of the City’s potential liabilities and exposures from the project are properly protected.

WORKERS’ COMPENSATION INSURANCE

BUILDING and CONSTRUCTION PROJECTS

By State law, contractors and subcontractors hired for building and construction projects must always provide workers’ compensation (w/c) insurance for their employees regardless of the cost of project. The Texas Labor Code defines building or construction as:

(a) Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance;

(b) Remodeling, extending, repairing, or demolishing a structure; or

(c) Otherwise improving real property or an appurtenance to real property through similar activities.

PROOF OF INSURANCE

Prior to commencing work, the contractor must provide proof of insurance for the following coverages required by the City. Contractor needs to complete attached Appendix A, B, and C and submit other forms as necessary.

INSURANCE REQUIREMENTS OF CONTRACTS

A. AMOUNTS OF INSURANCE

Contractor must provide and maintain the following types and amounts of insurance, for the term of this Contract.

Type Amount

(1) Worker’s Compensation - Statutory Limits

And $100,000

Employer’s Liability per occurrence

(2) Commercial (Public Liability), Bodily Injury:

Including, but not limited to: $1,000,000 per person

$2,000,000

Per occurrence and

A. Premises/Operations

B. Independent Contractors

C. Personal Injury Property Damage:

D. Products/Complete Operations $1,000,000 per occurrence

E. Contractual Liability (insuring above indemnity provisions) with general aggregate of

$2,000,000

(3) Business (Commercial) Combined Single Limit/ Automobile Policy: $1,000,000

The preceding amounts notwithstanding, the City reserves the right to increase the minimum required insurance to be effective thirty (30) days after notice is sent to the address provided herein. The Contractor may pass through to the City all costs for obtaining the increase in the insurance coverage.

B. OTHER INSURANCE REQUIREMENTS

It shall be the sole responsibility of the contractor to provide the required Certificate and that failure to comply within 10 days after notice of award and according to the requirements of this article shall be a cause for termination of the Contract.

For any pesticide spraying performed, the City of La Marque will require the successful bidder to carry Pollution Liability Insurance and Environmental Impairment Liability

Insurance.

Insurance required herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All policies shall be subject to examination and approval by the City Manager’s office for their adequacy as to form, content, form of protection, and providing company.

Insurance required by this Contract for the City as additional insured shall be primary insurance and not contributing with any other insurance available to City, under any third party liability policy.

It shall be understood by the contractor that with respect to the above required insurances, the City shall:

(1) Be named as additional insured/or an insured, on all required insurance except workers’ compensation.

(2) Be provided with a waiver of subrogation, in favor of the City on all required insurance.

(3) Be provided with an unconditional 30 days advance written notice of cancellation or material change.

(4) Prior to execution of this Agreement, be provided through the office of the City Clerk with either their original Certificate of Insurance or their insurance policy evidencing the above requirements. Thereafter, new certificates or copies of the policies shall be furnished prior to the expiration date of any prior certificate.

INDEMNIFICATION

The contractor shall agree to defend, indemnify, and hold the City of La Marque and all of its officers, agents, employees, and elected officials whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, or omission of Contractor, or any agents, servant, or employee of Contractor in the execution of performance of this contract, without regard to whether such persons are under the direction of City agents or employees.

The contractor shall further agree that it shall at all times exercise reasonable precaution on behalf of, and be solely responsible for, the safety of its officers, agents, employees, subcontractors, licensees, invitees, and other persons, as well as their property, while in the vicinity where the work is being done. It is expressly understood and agreed that City shall not be liable or responsible for the negligence or other fault of Contractor, its officers, agents, employees, subcontractors, licensees, invitees, or other persons associated with

Contractor.

The contractor shall acknowledge to defend, indemnify, and hold the City and all of its officers, agents, employees, and elected officials whole and harmless from all claims growing out of any demands of subcontractors, laborers, workers, mechanics, materialmen, and furnishers of supplies, equipment, financing, or any other goods or services, tangible or intangible. When the City so desires, Contractor shall furnish satisfactory evidence that all obligations of the nature described here have been paid, discharged, or waived.

INDEPENDENT CONTRACTOR

Contractor acknowledges that Contractor is an independent contractor of the City and that

Contractor is not an employee, agent, official, or other representative of the City.

Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official, or representative of the City. Income taxes, self-employment taxes, and the like are the sole responsibility of Contractor.

“EXHIBIT B”

MAPS OF PROPERTIES

Items #1 and #2

217 and 317 Bayou Road

Bayou City Park/Bird Sanctuary

217 Bayou

317 Bayou

Item #3

1991 Getty Road

Highland Bayou Park

Item #4

2706 Magnolia

Jaycee Park

Item #5

1322 Yupon

Lagana Park

Item #6

416 Apricot

Martin Luther King, Jr. Memorial Park

Item #7

2701 Woodland Drive

Mahan Park

Item #8 & #14

1009 & 1011 Bayou Road

Feigle Park and La Marque Library

Item #9

3010 Melody

Westlawn Park

Item #11

1709 Oak Street

La Marque Cemetery

Item #12 & #13

1109-A & 1111 Bayou Road

Fire Department Station 2 & La Marque City Hall

Item #15

431 Bayou Road

Police Department

Item #16

320 Laurel

Firemen’s Hall

(building no longer there; lot only)

Item #17

1130 1st Street

La Marque EDC

Item #18

401 Laurel

La Marque EDC Property

Item #19

408 - 418 Laurel

La Marque EDC Property