HomeMy WebLinkAboutC2020-051 - 1/28/2020 - Approved 8
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SUPPLY AGREEMENT NO. 2657
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Liquid Chlorine in Rail Car
1852
THIS Liquid Chlorine in Rail Car Supply Agreement ("Agreement") is entered into by
and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and DPC Industries, Limited Partnership ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Liquid Chlorine in Rail Car in response to
Request for Bid No. 2657 ("RFB"), which RFB includes the required scope of work and
all specifications and which RFB and the Contractor's bid response 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 Liquid Chlorine in Rail Car 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.
"Goods," "products", and "supplies", as used in this Agreement, refer to and have
the same meaning.
2. Term. This Agreement is for two years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-month periods ("Option
Period(s)"), provided, the parties do so by written amendment 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
$579,162.80, subject to approved extensions and changes. Payment will be made
for goods delivered and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month, 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.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
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Approved as to Legal Form November 11, 2019
SCANNED
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. 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.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products 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 products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item's bid price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
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Approved as to Legal Form November 11, 2019
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.
9. Quality/Quantity Adjustments. Any 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 products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or in an attachment to this
Agreement. 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.
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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 St, Corpus Christi, TX 78410
Phone: 361-826-1827
Fax: 361-826-4488
IF TO CONTRACTOR:
DPC Industries, Limited Partnership
Attn: Lenny Leal
Title: Regional Sales Manager
Address: P.O Box 130468, Houston, TX 77219-0468
Phone: 361-289-6947
Fax: 713-863-8316
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
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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
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. 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.
21. 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
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Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. 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).
23. 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.
24. 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.
25. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
26. 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)
CONTRACTOR
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Approved as to Legal Form November 11, 2019
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Signature: ��►t.mi ,
Printed Name: Ze: v_�c
Title: P 4111red
Date: /'/7— --c}
CITY OF CORPUS CHRISTI
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Kim Baker
Director of Contracts and Procurement
Date: I. 24. ZOZO
ATTEST: • LIII
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REB CCA HUERTA
CITY SECRETARY ---
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. 2657
Exhibit 2: Contractor's Bid Response
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Approved as to Legal Form November 11, 2019
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ATTACHMENT A: SCOPE OF WORK
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1.1 General Requirements/Background Information
A. The Contractor shall supply liquid chlorine in 90-ton rail cars per the Scope of work.
Liquid chlorine is defined as the commercially available form of liquefied
elemental chlorine gas for tank cars.
B. The liquid chlorine will be used in treatment of potable(drinking) water.
C. The liquid chlorine must conform to:
1 . American National Standards Institute (ANSI) /American Water Works
Association Standards for Liquid Chlorine (AWWA) B301-18 or latest revision.
2. American National Standards Institute/National Sanitation Foundation Institute
Standards for Drinking Water Treatment Chemical- Health Effects, ANSI/NSF 60
or latest revision.
3. Conformance to ANSI/NSF 60 or latest revision shall be obtained by
certification of this product by an agency recognized by the Texas Commission
on Environmental Quality.
D. The estimated annual requirement for Liquid Chlorine is 1,260 Tons. This is based
on treating 27,500,000,000 gallons of water with a dosage of 91.64 pounds per
millions of gallons.
1.2 Liquid Chlorine Manufacturer
A. The Contractor shall supply liquid chlorine from the manufacturer listed on Bid
form/Pricing Schedule. During the term of the contract, if the Contractor decides
to change the manufacturer, then the Contractor shall submit liquid chlorine
report by an approved laboratory according to specification ANSI/AWWA B301-
18 or latest revision and Safety Data Sheet (SDS) to the Contract Administrator for
approval.
B. The Contractor shall allow a minimum of 30 days to the Contract Administrator to
approve the new liquid chlorine manufacturer. The Contractor shall continue with
the current manufacturer until new manufacturer gets approved.
C. The City has the right to return the rail car if the Contractor sends the liquid chlorine
from an unapproved manufacturer. The Contractor shall replace the rail car
within timeline established by the Contract Administrator. The Contract
Administrator will establish the timeline depends on the liquid chlorine inventory.
The Contractor shall follow the timeline given by the Contract Administrator during
the term of the Contract.
1.3 Delivery
A. The City will place orders for liquid chlorine in 90-ton rail car at approximately 30
days intervals throughout the contract period. However, in case of unforeseen
circumstances, the City may order extra cars or not place an order in a month.
Page 1 of 4
B. The Contractor shall deliver the material with lead time of less than or equal to 21
days. In unusual circumstances, the City will accept lead times of 30 days.
C. Delivery is to be made in a rail car to the City of Corpus Christi O.N Stevens Water
Treatment Plant (ONSWTP) Railroad Spur, 13101 Leopard St, Corpus Christi, Texas
78469-9277. Delivery hours are to be determined by the Contractor and the rail
company.
D. A Safety Data Sheet (SDS) must be provided to the City prior to shipping the
product and along with the product.
E. The Contractor shall provide an affidavit of compliance, by the manufacturer,
stating that at the time of loading, the liquid chlorinefurnished under the release
order, complies with all applicable requirements of ANSI/AWWA B301-18 and
ANSI/NSF 60 shall be provided to the City of Corpus Christi, Plant Manager, 13101
Leopard St, Corpus Christi, Texas 78469-9277.
1.4 Ownership
City's ownership of the Liquid Chlorine in tank cars shall begin, and supplier ownership
shall cease, upon arrival of the tank car at the unloading rack at the O.N Stevens
Water Treatment plant.
1.5 Testing
The City of Corpus Christi reserves the right to have the product supplied tested at any
time during the Contract period. An independent laboratory would do such testing.
Failure to meet the specifications shall result in the testing rate costs to be borne by
the Contractor.
1.6 Container
A. The Contractor shall supply Liquid Chlorine in railway tank cars.
B. The Contractor shipping containers for Liquid chlorine shall conform to applicable
regulations of the federal, state, and Interstate Commerce Commission as follows:
1. This includes Code of Federal Regulations, Title 49 Subtitle B Chapter 1 Pipeline
Hazardous Materials Safety Administration, Department of Transportation,
Subchapter C- Hazardous Materials Regulations, Part 180. Continuing
Qualification and Maintenance of Packaging Subpart F. Qualification and
Maintenance of Tank Cars Section 180.509. Requirements for inspection and test
of specification tank cars.
2. This requirement must be understood and will be upheld by the City.
C. The Contractor shall not accept international railcars (outside from the United
States) that do not follow or meet the quality standard of United States railcar
guidelines.
D. The Contractor shall allow railcars with secondary patches on the railcar's saddle
within a reasonable amount and size. If there are substantial parches, a report must
be sent to ONSWTP from the railcar owner stating that the car has been inspected
and complies with 49 CFR Subpart F.
Page 2 of 4
E. Railcars that do not meet satisfactory condition will be rejected and sent back to
the Contractor at the Contractor's expense. The Contractor shall replace the
acceptable rail car within timeline established by the Contract Administrator.
F. The Contractor shall send containers that are reconditioned and maintained in
accordance with the latest edition of "Container Procedure at Chlorine
Packaging Plants" issued by the Chlorine Institute Inc.The Contractor shall carefully
examine the container for the leakage, damage and corrosion before delivery.
G. The Contractor shall provide NSF stamps with the company's name and NSF
identifier must be on all documentation that is sent to the ONSWTP regarding the
product that is incoming.
H. All chlorine containers shall have legible tag(s) securely attached which, in
addition to the information routinely furnished, shall indicate the following
container history:
1. Date of last visual inspection in accordance with Compressed Gas
Association, Inc standards.
2. Date the valves were overhauled
3. Date the fuse plugs were tested and/or renewed
4. Date the container was last cleaned
1.7 Inspection
The City reserves the right to make unannounced inspections of the Contractor's plant
and facilities at any time, in order to ensure proper cleaning of chlorine containers
and proper preventative maintenance and testing of chlorine containers and
regulators.
1.8 Safety Measures
A. The Contractor shall provide the following information and this information is to be
continually updated as revisions occur during the contract period:
1. Location of nearest emergency station
2. Name of person in charge of emergency crew
3. Telephone number to be called for emergency service and/or normal
maintenance
B. The Contractor shall ensure that in case of emergency condition, trained
emergency crews and equipment shall be made available on a 24-hour basis.
C. The Contractor shall ensure that in case of non-emergency condition, remedial
maintenance shall be performed on existing problem within 24 hours of a receipt
of maintenance problem call.
1.9 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
Page 3 of 4
1.10 Invoicing
A. Invoicing is to be done for each shipment. The invoice shall include P.O number
or supply agreement no, tank car number, ordering agency, unit price and total
price.
B. Original copy of the invoice should be sent to Accounts Payable with a copy to
the Contract Administrator.
C. Approval of the payment shall be authorized by the Contract Administrator.
Page 4 of 4
Attachment B - Bid/Pricing Schedule
Ac' CITY OF CORPUS CHRISTI
P CONTRACTS AND PROCUREMENT
4,---1 -- DEPARTMENT
1852
BID FORM
RFB No. 2657
Liquid Chlorine in Rail Car
Ir PAGE1OF1
I Date: /� /
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�)�G, 1- zs Authorized j
Bidder: U�2I L/� Signature: AP
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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 Contracts 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.
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Liquid Chlorine in 90 Ton Rail Tons 2520 Z 27 �4 �C'S"�j
Car 1/2 .50
Manufacturer 0L1// /
No of free days for tank cars �'J
3 O
2 Rail Car Detention charge Days 400Qb 40
After free days fi 201 (� 0.4 2)1
Total 457c/162 • cca 1
ATTACHMENT C: INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the
City. Contractor must not allow any subcontractor Agency to commence work
until all similar insurance required of any subcontractor Agency has been
obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one
(1) copy of Certificates of Insurance (COI) 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 is required on all applicable policies. Endorsements must
be provided with COI. Project name and or number must be listed in Description
Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable
policy endorsements Per occurrence - aggregate
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' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
POLLUTION LIABILITY $1,000,000 Per Occurrence
Page 1 of 3
C. In the event of accidents of any kind related to this agreement, 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 an
amount sufficient to assure that all workers' compensation obligations incurred
by the Contractor will be promptly met.
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 a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All
notices under this Article 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, volunteers, and elected
representatives as additional insured by endorsement, as respects
operations, completed operation 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 suspension, cancellation, non-renewal or material change in coverage,
and not less than ten (10) calendar days advance written notice for
nonpayment of premium.
Page 2 of 3
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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 remove the exhibit hereunder, and/or withhold any payment(s) if
any, 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 agreement.
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 agreement.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2019 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services-Services Performed Onsite - Pollution
04/26/2019 Risk Management - Legal Dept.
Page 3 of 3
ATTACHMENT D: WARRANTY REQUIREMENTS
No product warranty is required by this Agreement therefore, Section 8 warranty
subsections(A) and(B) are null and void.
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