HomeMy WebLinkAboutC2020-206 - 6/23/2020 - ApprovedDocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
SERVICE AGREEMENT NO. 81266
HACH- Water Information Management System and Bio
Tector Analyzer
THIS HACH- Water Information Management System and BioTector Analyzer
Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a
Texas home -rule municipal corporation ("City") and HACH Company ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide HACH - Water Information Management
System and BioTector Analyzer in response to Request for Bid/Proposal No. SS -81266
("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 HACH -Water Information Management System
and BioTector Analyzer ("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 three years, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to zero additional zero -year periods ("Option
Period(s)"), provided, the parties do so 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
$192,977.12, 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. 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.
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Diana Garza-Zertuche
Department: Utilities Department
Phone: (361) 826-1827
Email: DianaG@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple -release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. 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.
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand -delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Diana Zertuche Garza
Title: Contract/Fund Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone:(361) 826-1827
Fax:(361) 826-1715
IF TO CONTRACTOR:
HACH Company
Attn: JR Stendebach
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
Title: Regional Sales Manager
Address: 5600 Lindbergh Drive, Loveland, Colorado 80539
Phone: (970) 669-3050
Fax: (970) 669-2932
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
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
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. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
22. 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.
23. 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).
24. 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.
25. 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.
26. 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
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
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.
27. 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.
CONTRACTOF3, � ` �.
Signature: '/ 4-i..e\✓
Printed Name: r' f <« 13-c,„(i
Title: Ca . !tib llt-kl kvE ►i--, ivl r S'u`-S yl'-) 4fe- i
Date:i�-
CITY OF CORPUS CHRISTI
1- DocuSigned by:
tl fl i}9E tk61344F...
Director of Contracts and Procurement
6/24/2020
Date:
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:
Exhibit 1: RFB/RFP No. SS -81266
Exhibit 2: Contractor's Bid/Proposal Response
State of Colorado
County of Larimer
The foregoing instrument was
acknowledged before me this
1st of May 2020 by Mary Baird,
Sr. Manager of Hach Company.
OLIVER WADOSCH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID# 20184037415
MY COMMISSION EXPIRES SEPTEMBER 20, 2022
032148
Authorized By
06-23-2020
Council
ATTEST:
DocuSigned by:
Rek"."..41.14.144
"-37A77B20D51947D...
Rebecca
Huerta
City Secretary
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form March 9. 2020
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
Attachment A - Scope of Work
1.1. General Requirements
A. The Contractor will provide WIMSTM software with three years of service
support, and the purchase of a BioTector with a one-year service support.
Training will be specifically for the products withing this agreement.
B. The Contractor is responsible WIMSTM installation and setup training for ten
users and startup for the BioTector.
C. The Contractor will provide consultation to gather information for WIMSTM and
reagents and calibrations for BioTector for one year. After the one-year
service for BioTector, the service will be added to the multi-year service
agreement for HACH instruments.
D. The Utilities - Water Department is located at 13101 Leopard St., Corpus Christi,
Texas, 78410.
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
Attachment B Price Schedule
Quote Number: 100375993v13
Use quote number at time of order to ensure
that you receive prices quoted
Quote Date: 15 -Apr -2020 Quote Expiration: 15 -Jun -2020
CITY OF CORPUS CHRISTI
PO BOX 9277
CORPUS CHRISTI, TX 78469-9277
Name: Rafael Martinez
Phone: 361-826-1218
Email: rafaelm@cctexas.com
Customer Account Number : 092064
Sales Contact: Alejandro Varela Email: avarela@hach.com Phone: 800-227-4224
Be Right"'
Quotation
Hach
PO Box 608
Loveland, CO 80539-0608
Phone: (800) 227-4224
Email: quotes@hach.com
Website: www.hach.com
PRICING QUOTATION
Line
Part Number
Description 'Qty
Unit Price
% Disc
Net Unit Price
Extended Price
1
WM-MU
WIMS Multi User License with one concurrent user and one
facility
1
4,923.00
10%
4,430.70
4,430.70
2
WM-MU-CONUSR
WIMS CONCURRENT USER LICENSE
9
1,071.00
10%
963.90
8,675.10
3
WM-SCADA-INT
SCADA/Historian Interface Module connects to a single SCADA
source
1
3,131.00
10%
2,817.90
2,817.90
4
WM-SW
WIMS base software for support contracts.
1
0.00
10%
0.00
0.00
5
DMWIMS SPT BAS
WIMS yearly support contract - Basic support is 18% of overall
software value
1
0.00
0.00
0.00
6
DM_WIMS-SERVICES
WIMS Services
160
200.00
200.00
32,000.00
160 HOURS FOR DM_WIMS-SERVICES
7
DMWIMS-OSTRN-3DAY
Onsite Services Three Day (concurrent) — Project Manager
1
9,373.00
9,373.00
9,373.00
8
NOSHIPOPENPROJ
KEEPS ORDER OPEN FOR WIMS PROJECT DO NOT SHIP ITEM
1
0.00
0.00
0.00
9
DMWIMS-SPT-BAS
WIMS yearly support contract - Basic support is 18% of overall
software value; This service is for 3 years support
1
7,300.00
7,300.00
7,300.00
10
WM CIMS INT
WIMS LIMS System Interface Module connects to a single LIMS
system. Standard lead time 1 days.
1
3,131.00
10%
2,817.90
2,817.90
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6 , ...cludes cloud storage,
11 CLAROS-YRLY
user management, and graphs/spreadsheets
Qty Unit Price % Disc Net Unit Price Extended Price
1
200.00
200.00
200.00
12
COLLECT-LP-YRLY
Required for Claros Collect customers; price is per 100 location
parameters
5
230.00
230.00
1,150.00
Grand Total $ 68,764.60
NOTES
Hach WIMS Software:
Hach WIMS(tm) with 10 concurrent users, 1 facility database, 1 year of support (starts on ship date)
MS SQL 2012 Express 10 GB database (Included - requires Windows 7, Windows 8, Server 2008 R2, Server 2008 SP2,
Server 2012, or Vista SP2). MS SQL 2005 (4GB limit)can be used on Win XP if required
Standard SCADA Interface for Hach WIMS(tm) - Rockwell:
Please go to www.hach.com/im<http://www.hach.com/im>, under "Helpful Links" click on Standard SCADA and LIMS Interfaces
to review the list of Standard SCADA interfaces currently available. Please verify your system is listed and click on the
Documentation link to review the technical details of the interface. Contact IIM Support at 800-667-0067 if you need
assistance.
NOTE: If your SCADA system is not on the Hach list of standard interfaces, a custom interface will be required and additional
costs will be incurred. Completion of custom interfaces may extend beyond the completion of other aspects of the project but
should not delay the use of most WIMS functionality. You should discuss impact to the project schedule with your HACH RSM
and Project Manager.
Mobile Data Collection Tool (Claros Collect)
Budgetary pricing only until pricing model confirmed: Capturing remote field data via a web browser or iOS application.
Requires a subscription service
* Remote installation of the interface if required
* Configuration of the interface
* Form Setup Training
* Enable the web services for your forms
* Cross reference up to 10 variables to Hach WIMS
* Training on how to capture data and how to send the data to your Hach WIMS
Implementation Services:
Typically includes (your Project Manager will finalize the scope of work based on your needs):
* Project Administration
* Consultation to gather information and determine specific needs to create a project plan.
* Remote Basic Install Assistance
* Basic Variable setup - Adapting an industry standard list of parameters and calculations for your plant/system.
* Site specific calculation setup
* The Hach Project Manager will complete set up of the following regulatory reports:
* ONS Process Data 06-01-17
* SWMOR Plant 1
* SWMOR Plant 2
* 1 standard format monthly KPI report with up to 10 user defined KPIs (key performance indicators)
* Predefined dashboard with 10 user defined KPI's and KPI graph set
* 1 standard format yearly summary KPI report with up to 10 user defined KPIs
* Data Entry Form development including 1 Custom Data Entry Form and standard Monthly Data Entry Forms for all
parameters
* Additional scope/work, billed at our standard labor rate, can be requested and will require a change order.
* Implementation assumes internet access is available at installation site.
* Data Migration services are NOT included. Historical data may be imported from SCADA/LIMS systems with Purchased
Page 2 of 3
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
Quote Number: 100063439v9
Use quote number at time of order to ensure
that you receive prices quoted
Quote Date: 15 -Apr -2020 Quote Expiration: 15 -Jun -2020
CITY OF CORPUS CHRISTI
13101 LEOPARD STREET
CORPUS CHRISTI, TX 78410
Name: Rafael Martinez
Phone: 361-826-1218
Email: rafaelm@cctexas.com
Customer Account Number : 092064
Sales Contact: JR Stendebach Email: jr.stendebach@hach.com Phone: 361-500-7136
Be Right "
Quotation
Hach
PO Box 608
Loveland, CO 80539-0608
Phone: (800) 227-4224
Email: quotes@hach.com
Website: www.hach.com
PRICING QUOTATION
Line
Part Number
'escription
y
Unit Price
i.
Disc
Net Unit
Price
Extended
Price
1
B4QDDF052AECAE2
Exp Measuring Range: 25mg, Exp TN Value: Cell D
2mm, Exp TP Value: Cell F 10mm,Relais Out:
None,Language: GB English, Channel: 1
Channel,Cabinet: TYPE 24 Enclosure IP44 (1500mm x
750mm x 320mm), Bus + Out: 2 additional 4-20mA,
Relais In: None, Option: Grab sample -Calibration
Port / Sample Line Cleaning, Brand: Hach. Standard
lead time 30 days.
1
115,359.00
10%
103,823.10
103,823.10
2
12 -AIR -001
PSA oxygen concentrator with integrated
compressorVoltage/Frequency: 115V/60HzPower:
350WDimensions: 700mm (H) x 400mm (W) x
370mm (D)The BioTector requires an oxygen supply
to operate (average 22 L/hr), this can be supplied
from 3 different sources. Note: Each oxygen output
source is capable of supplying 2 BioTectors located
within 10 meters of each other . Standard lead time
8 days.
1
7,559.00
10%
6,803.10
6,803.10
Page 1 of 3
Docu
5 g
ne
3
tnveIope IU: U91-/t992-tU3t-4tb/-9931-bb/U/141Jb/tib
'art , um . er
19 -BAS -013
Description
dd FLOW THRU SMPL CHMBR W/SAND TRAP.
Standard lead time 8 days.
Qt
1
Unit Price.
528.00
%
Disc
Net Unit
Price
Extended
Price
10%
476.10
476.10
4
2985462
BioTector Acid Reagent (5 Gallons)4 -12 week
supply depending on application and analyzer
configurationShelf life 1 year. Standard lead time 7
days.
1
195.O0
10%
175.50
175.50
5
2985562
BioTector Base Reagent (5 Gallons)4 -12 week
supply depending on application and analyzer
configurationShelf life 1 year. Standard lead time 7
days.
1
129.00
10%
116.10
116.10
6
2985662
BioTector TN Cleaning Solution (5 Gallon)4 -12
week supply depending on application and analyzer
configurationShelf life 1 year. Standard lead time 3
days.
1
177.00
1090
159.30
159.30
7
2986162
BioTector Total Phosphorous Reagent (5 Gallons14-
12 week supply depending on application and
analyzer configurationShelf life 1 year. Standard lead
time 10 days.
1
357.00
10%
321.30
321.30
8
27362
Deionized Water (5 Gallons)4 -12 week supply
depending on application and analyzer
configurationShelf life 1 year. Standard lead time 15
days.
1
123.00
10%
110.70]
110.70
9
WRTUPGBIDTECTOR TN OR TP SEPARATE
CONCEN
WarrantyPlus Service Agreement includes:
instrument start-up, all parts, labor, and travel for
on-site repairs, 1 on-site calibrations per year,
factory recommended maintenance (including
required parts), unlimited technical support calls,
and free firmware updates. If the 02 Concentrator is
not built into the BioTector analyzer, it is not
covered under this service partnership. If using a
Hach BioTector Compressor or a Venturi Sampler,
those optional accessories must be covered
separately.
1
7,527.00
7,527.00
7,527.00
10
59P
x* Field Svc FULL DAY StartUp-PROCESS (P)
1
2,295.00
2,295.00
2,295.i t
11
STARTUP TRAVEL
** Field Svc HACH START UP TRAVEL CHG
1
250.00
250.00
250.00
Estimated ground slipping
Grand Total
$ 2,155,32:
$ 124,212.52:
e,.4(
Sg• Mir+ ikb f r^JA SAI -ES GNAKLk j
AAAY (E3,
Page 2 of 3
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
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,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
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
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.
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
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.
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
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.
2020 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services - Services Performed Onsite
02/07/2020 Risk Management - Legal Dept.
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
Attachment C - Bond Requirements
No bond requirements necessary for this service agreement; Section
5. Insurance; Bonds Subsection (B) is null for this service agreement.
DocuSign Envelope ID: 09F7E992-ED3E-4E57-9931-657D714D57B6
Attachment D - Warranty Requirements
SERVICES: Hach warrants that the services will be performed in a professional and
workmanlike manner and will be of a quality conforming to general standards of
care. If Hach breaches this or any other service warranty provided to the
Customer, and if the Customer notifies Hach of such breach within 30 days of
performance of Service, customer's exclusive remedy and Hach's entire liability
for any breach of service warranty shall be re -performance of the specific non-
conforming service.
SOFTWARE: Hach warrants that it has the right to grant the licenses to the software
licensed under this Agreement, and such software will substantially conform to
the functional specifications and current documentation provided by Hach.