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HomeMy WebLinkAboutC2023-108 - 6/13/2023 - Approved DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 113S c SERVICE AGREEMENT NO. 4601 Chemical Analyis Testing f'anwo�alev 1852 THIS Chemical Analysis Testing Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Eurofins Environment Testing South Central, LLC ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Chemical Analysis Testing in response to Request for Bid/Proposal No. 4601 ("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 Chemical Analysis Testing ("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. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $70,661 .00, subject to approved extensions and changes. Payment will be made for Services provided and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance Service Agreement Standard Form -Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 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 must 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: Amanda Howard Department: Corpus Christi Water Phone: (361 ) 826-1894 Email: AmandaC@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. Service Agreement Standard Form -Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 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 Service Agreement Standard Form -Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own 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. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Amanda Howard Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1894 Fax: (361) 826-4495 IF TO CONTRACTOR: Eurofins Environment Testing South Central, LLC Attn: Alejandro Montoya Title: President Address: 1733 N. Padre Island Drive, Corpus Christi, Texas 78408 Phone: (361) 289-2673 Fax: N/A Service Agreement Standard Form -Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Service Agreement Standard Form -Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 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 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. Service Agreement Standard Form -Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 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. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form -Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 CONTRACTOR VSignature: AL1 Printed Name. Alex Montoya Title: President Date: 05.13.2023 T.Y,DFy;CORPUS CHRISTI M2023-078 _�zaF Authorized By Josh Chronley Assistant Director of Finance - Procurement Council 6/13/2023 Date: 6/14/2023 DS Attached and Incorporated by Reference: Er-;/s Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements ATIEg ,,y. Attachment D: Warranty Requirements � � , � Attachment E: Consent Decree Requirements Rebecca Huerta Incorporated by Reference Only: City Secretary Exhibit 1 : RFB/RFP No. 4601 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Attachment A - Scope of Work 1.1 General Requirements The Contractor shall provide chemical analysis for Water Utilities Lab, Wastewater Division and Pretreatment Division. 1.2 Scope of Work A. The Contractor shall perform chemical analysis as per the requirements outlined in Exhibits A through C. B. The Contractor shall conduct tests as per 40 Code of Federal Regulations (CFR) 136 - Water Methods. C. The Contractor shall be responsible for providing labor, technician, equipment, and transportation for these services. D. The Laboratory shall be accredited by The NELAP (National Environmental Laboratory Accreditation Program) Institute (TNI). The City reserves the right to inspect the facility before start of the contract, or any time after the contract. 1.3 Types of Chemical Analysis A. Water Utilities Lab - Exhibit A a. Mineral Set Analysis b. Metals Analysis c. Stormwater Runoff Analysis d. Trihalomethanes (TTHMs Analysis) B. Wastewater Division - Exhibit B Metals C. Pretreatment Division - Exhibit C 1 . 1 st thru 4th Quarter Sampling a. Volatile Compounds b. Acid Compounds c. Base/Neutral Compounds d. Pesticides 2. Chapter 307 3. Metals, Cyanide and Phenols a. Total Cyanide b. Total Phenol c. Total Metals Revised 11.30.20 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 4. Biosolids Testing a. TCLP Metals b. TCLP Volatiles c. TCLP Semi-Volatiles d. Significant Industrial User Samples 1.4 Sample Bottles and Shipment A. The Contractor must provide pre-labeled containers with preservative (where applicable) and ice chest/coolers for sample collection. The Chain of Custody Form shall be provided by the Contractor. Actual data used to calculate Precision and Accuracy must be provided on the final report. The Minimum Analytical Levels (MAL/RL) must be achieved unless it is otherwise specified. B. The Contractor shall be responsible for pick up and drop off of samples/containers from the Lab. The Contractor shall arrange a schedule for pickup and drop off with the Contract Administrator. 1.5 Special Instruction A. The Contractor shall be responsible for providing reports to the Contract Administrator/Lab Manager. The Contract Administrators are listed in Exhibit D. B. Any outliers or change in analytical order shall be approved by the Lab Contract Administrator prior to proceeding with analysis. 1.6 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Assurance/Control Program that is acceptable to the Contract Administrator to ensure that the requirements of the contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. 1.7 Deliverables The Contractor shall perform all analysis as per established methods and submit reports to the respective Contract Administrator/Lab Manager. 1.8 Invoicing The Contractor shall invoice separately for each division/lab and submit a copy to the respective Contract Administrator. Revised 11.30.20 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Exhibit A - Corpus Christi Water Laboratory Exhibit A.1 - Minerals Set Analysis Parameter MAL/RL Required Frequency Aluminum 0.01 m /L Monthly Arsenic, Total 1.0 a /L Monthly Arsenic Dissolved 1.0 a /L Monthly Atrazine 0.05 a /L Monthly Barium 0.002 m /L Monthly Cadmium 0.001 m /L Monthly Copper 0.002 m /L Monthly Iron 0.02 m /L Monthly Lead 0.002 m /L Monthly Manganese 0.002 m /L Monthly Mercury 0.0002 m /L Monthly Silica 0.2 m /L Monthly Sodium 0.2 m /L Monthly Exhibit A.2 — Metals Analysis Parameter MAL/RL Required Frequency Copper 0.002 m /L Weekly Zinc 0.002 m /L Weekly Exhibit A.3 — Storm Water Runoff Analysis Parameter MAL/RL Required Frequency Cadmium 0.001 m /L N/A Chromium 0.001 m /L N/A Copper 0.002 m /L N/A Lead 0.002 m /L N/A Nickel 0.002 m /L N/A Zinc 0.005 m /L N/A Atrazine 0.1 a /L N/A Total Cyanide 0.005 m /L N/A Revised 11.30.20 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Exhibit A.4 - Trihalomethanes Analysis Parameter MAL/RL Required Frequency TTHMS N/A As Needed Exhibit B: Wastewater Division Metals *Rain Event Parameter MAL/RL Required Frequency Arsenic Total 1.0 a /L 12 per year Barium 0.002 m /L 12 per year Cadmium 0.001 m /L 12 per year Chromium 0.002 m /L 12 per year Copper 0.002 m /L Dail /As needed Lead 0.002 m /L 12 per year Manganese 0.002 m /L 12 per year Mercury 0.0002 m /L 12 per year Molybdenum 0.002 m /L 12 per year Nickel 0.002 m /L 12 per year Selenium 0.002 m /L 12 per year Silver 0.002 m /L 12 per year Zinc 0.002 m /L 12 per year Revised 11.30.20 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Exhibit C: Pretreatment Division Table C.1: 1 st, 2nd, 3rd, and 4th Quarter Sampling, 6 Plants Minimum Analytical Level: 10 ug/L 1, 12-Benzoperylene Table L•Quarterly Sampling(Table Ethylbenzene (benzo(ghi)perylene) I 40 CFR 136 methods must be used Fluoranthene Fluorene Minimum Anal tical Level,10 u /L 4-Chloro hen 1 phenyl ether Phenanthrene Parameter 4-Bromophenyl phenyl ether 1,2,5,6-Dibenzanthracene dibenzo a,h anthracene Indeno(1,2,3-cd)pyrene(2,3-o- Acena hthene Bis 2-chloroiso ro 1 ether pherdenepyrene) Acrolein Bis 2-chloroethox methane Pyrene Acrylonitrile Methylene chloride dichloromethane Tetrachloroethylene Benzene Methyl chloride chloromethane Toluene Benzidine Methyl bromide romomethane Trichloroethylene Carbon tetrachloride tetrachloromethane Bromoform tribromomethane Vinyl chloride(chloro ethylene) Chlorobenzene Dichlorobromomethane Aldrin 1,2,4-Trichlorobenzene Chlorodibromomethane Dieldrin Chlordane(technical mixture and Hexachlorobenzene Hexachlorobutadiene metabolites 1,2-Dichloroethane Hexachloroc clo entadiene 4,4-DDT 1,1,1-Trichloroethane Iso horone 4,4-DDE -DDX Hexachloro ethane Naphthalene 4,4-DDD -TDE 1,1-Dichloro ethane Nitrobenzene Al ha-endosulfan 1,1,2-Trichloroethane 2-Nitrophenol Beta-endosulfan 1,1,2,2-Tetrachloroethane 4-Nitrophenol Endosulfan sulfate Chloroethane 2,4-Dinitro henol Endrin Bis 2-chloroeth 1 ether 4,6-Dinitro-o-cresol Endrin aldehyde 2-Chloroeth 1 vinyl ether mixed N-nitrosodimeth famine Heptachlor 2 Chlorona hthalene N-nitrosodi hen famine Heptachlor epoxide 2,4,6-Trichlorophenol N-nitrosodi-n- ro lamine BHC-hexachloro-c clohexane Parachlorometa cresol Pentachlorophenol Alpha-BHC Chloroform trichloromethane Phenol Beta-BHC 2-Chlorophenol Bis 2-eth lhex 1phthalate Gamma-BHC 1,2-Dichlorobenzene Butyl benzyl phthalate Delta-BHC281 1,3-Dichlorobenzene Di-n-buty 1 phthalate (PCB-polychlorinated biphenyls) 1,4-Dichlorobenzene Di-n-octyl phthalate PCB-1242 Arochlor 1242 3,3-Dichlorobenzidine Diethyl phthalate PCB-1254 Arochlor 1254 1,1-Dichloroeth lene Dimethyl phthalate PCB-1221 Arochlor 1221 1,2-Trans-dichloroethylene 1,2-Benzanthracene PCB-1232 Arochlor 1232 2,4-Dichloro henol enzo a anthracene PCB-1248 Arochlor 1248 1,2-Dichloro ro ane Benzo(a)pyrene(3,4-benzopyrene) PCB-1260 Arochlor 1260 1,3-Dichloropropylene(1,3- 3,4-Benzofluoranthene PCB-1016(Arochlor 1016) dichloro ro ene) (benzo fluoranthene 11,12-Benzofluoranthene 2,4-Dimethylphenol enzo fluoranthene Toxaphene 2,4-Dinitrotoluene Chrysene Diuron 2,3,7,8-Tetrachlorodibenzo-p-dioxin 2,6-Dinitrotoluene Acenaphthylene TCDD 1,2-Di hen lh drazine Anthracene Revised 11.30.20 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Table C.2: Chapter 307 - 1 st Quarter Sampling, Four Plants Table IL• Chapter 307 Parameter Minimum Analytical Level 40 CFR 136 methods must be (ug/1) used Aluminum T 200.7/202.2 Barium T 200.7/208.2 Carbaryl 632 Chlorpyrifos 1657 -Cresol 625 2,4-D 615 Demeton 1657 Diazinon 1657 Dicofol 617 Fluoride 340.3 Guthion 1657 Hexachlorophene 604.1 Malathion 1657 Methoxychlor 617 Methyl Ethyl Ketone 624 Mirex 617 Nitrate-Nitrogen 352.1 N-Nitrosodiethyl amine 625 N-Nitro-di-n-Butylamine 625 Parathion 1657 Pentachlorobenzene 625 Pyridine 625 1,2-Dibromoethane 618 1,2,4,5-Tetrachlorobenzene 625 2,4,5-TP Silvex 615 2,4,5-Trichlorophenol 625 Revised 11.30.20 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Table C.3: Metals, Cyanide, and Phenols - 3rd Quarter Sampling, Four Plants Parameter Minimum Analytical Level EPA Method (ug/L Reference* Antimony, T 10 200.7 Arsenic T 10 200.7/206.2 Beryllium, T 200.7 Cadmium T 1 200.7/213.2 Chromium T 10 200.7/218.2 Chromium VI HEX 218.6 Copper, T 10 200.7/220.2 Lead T 5 200.7/239.2 Mercury, T 0.2 7470 /245.1 Molybdenum, T 200.7 Nickel T 10 200.7/249.2 Selenium T 200.7/270.2 Silver T 2 200.7/272.2 Thallium T 200.7/279.2 Zinc T 5 200.7/289.2 Cyanide, T 335.4 Cyanide (Weak Acid SM 450OCN Dissociable Phenol (T) 625 *Or other approved/accredited 40 CFR 136 Wastewater methods T - Total Revised 11.30.20 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Table CA - Bio Solids Testing, Six Plants Bio-Solid Samples MAL/RL Required Method Required TCLP Metals Arsenic 1.0 6010 Barium 1.0 6010 Cadmium 0.10 6010 Chromium 0.10 6010 Lead 0.10 6010 Mercury 0.05 7470 Selenium 0.10 6010 Silver 0.10 6010 TCLP Volatiles Benzene 0.05 8260 Carbon Tetrachloride 0.05 8260 Chlorobenzene 0.05 8260 Chloroform 0.05 8260 1,4-dichlorobenzene 0.05 8260 1,2-dichloroethane 0.05 8260 1,1 -dichloroeth lene 0.05 8260 Methyl ethyl ketone 0.10 8260 Tetrachloroethylene 0.01 1 8260 Trichloroethylene 0.01 8260 Vinyl chloride 0.05 8260 TCLP Semi-volatiles Chlordane 0.10 8080 2,4-D 0.10 8151 2,4-dinitrotoluene 0.04 8270 Endrin 0.01 8080 Heptachlor 0.00 8080 Hexachlorobenzene 0.04 8270 Hexachlorobutadiene 0.04 8270 Hexachloroethane 0.04 8270 Lindane 0.00 8080 Cresols total o, m p 0.04 8270 Methoxychlor 0.01 8080 Nitrobenzene 0.04 8270 Pentachlorophenol 0.04 8270 Pyridine 0.10 8270 Toxa bene 0.05 8080 2,4-5 trichlorophenol 0.04 8270 2,4-6 trichlorophenol 0.04 8270 2,4-5 -TP Silvex 0.10 8151 Revised 11.30.20 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Significant Industrial Users MAL/RL Required 40 CFR Method (SIU)Annual Samples approx. 10 sites per year Oil and Grease 100 a /L 1664 Phenols 625 Arsenic 10 a /L 200.7/206.2 Cadmium 1 u /L 200.7/213.2 Total Chromium 10 a /L 200.7/218.2 Copper 10 a /L 200.7/218.2 Cyanide SM4500CN/335.4 Lead 5 u /L 200.7/239.2 Mercury 0.2 a /L 7470 /245.1 Nickel 10 a /L 200.7/249.2 Silver 2 u /L 200.7/272.2 Zinc 5 u /L 200.7/289.2 Non-polar O & G 100 a /L 1664A Total Toxic Organics 10 a /L 40CFR433.11 Cobalt 10 a /L 200.7 Tin 50 a /L 200.7 Bis 2-eth lhex lphthalate 10 a /L 625 Carbazole 100 a /L 625 O-Cresole - - P-Cresole - - Fluoranthene 10 a /L 625 n-Octadecane 100 a /L 625 2,4,6—Trichlorophenol Exhibit D: Contact Details Water Utilities Lab Crystal Ybanez—CrystalY(&-cctexas.com Wastewater Division Allison Plant—Darrell Williams —Darrel lWL&cctexas.com Broadway Plant—Charles Cookus —CharlesC(&-cctexas.com Greenwood Plant—Harry Clifford—HarryCL&cctexas.com Laguna Madre Plant—Larry Gonzalez—Ear1Ri(- cctexas.com Whitecap Plant—Larry Gonzalez—Ear1RiL&cctexas.com Oso Plant—Sigifredo DeLeon—SigifredoDL&cctexas.com Pretreatment Division Crystal Ybanez—CrystalYL&cctexas.com Revised 11.30.20 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Attachment B- Bid/Pricing Schedule C CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM NaPoP�Ra,E� RFB No. 4601 ss � Chemical Analysis Testing Date: February 27, 2023 PAGE 1 OF 8 Eurofins Environment Testing Authorized Bidder: South Central, LLC Signature: "F 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. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item Description UNIT QTY Unit Price Total Price A Water Utilities Lab Mineral Set A.1 Aluminum EA 360 $ 8.00 $ 2,880.00 A.2 Arsenic, Total EA 240 $ 8.00 $ 1,920.00 A.3 Arsenic Dissolved EA 220 $13.00 $ 2,860.00 A.4 Atrazine EA 220 $80.00 $17,600.00 A.5 Barium EA 220 $ 8.00 $ 1 ,760.00 A.6 Cadmium EA 220 $ 8.00 $ 1 ,760.00 A.7 Copper EA 360 18.00 12,880.00 A.8 Iron EA 360 $ 8.00 $ 2,880.00 A.9 Lead EA 360 $ 8.00 $ 2,880.00 A.10 Manganese EA 360 1 18.00 $ 2,880.00 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 A.1 1 Mercury EA 220 $ 18.00 $ 3,960.00 A.12 Silica EA 360 $ 8.00 $ 2,880.00 A.13 Sodium EA 360 $ 8.00 $ 2,880.00 Metal Analysis A.14 Copper EA 240 $ 8.00 $ 1,920.00 A.15 Zinc EA 640 $ 12.00 $ 7,680.00 Storm water Runoff Analysis HE A.16 Cadmium EA 80 $ 8.00 640.00 A.17 Copper EA 80 $ 8.00 640.00 A.18 Chromium EA 80 $ 8.00 $ 640.00 A.19 Lead EA 80 8.00 640.00 A.20 Nickel EA 80 8.00 $ 640.00 A.21 Zinc EA 80 $ 8.00 $ 640.00 A.22 Diazinon EA 80 $150.00 $12,000.00 A.23 Total Cyanide EA 120 25.00 $ 3,000.00 Trihalomethanes A.24 TTHMs EA 120 $ 45.00 $ 5,400.00 B Wastewater Division B.1 Arsenic, Total EA 80 $ 8.00 $ 640.00 B.2 Barium EA 80 $ 8.00 $ 640.00 B.3 Cadmium EA 80 $ 8.00 B.4 Chromium EA 80 $ 8.00 $ 640.00 B.5 Copper EA 320 $15.00 $4,800.00 B.6 Lead EA 80 $ 8.00 $ 640.00 B.7 Manganese EA 80 $ 8.00 $ 640.00 B.8 Mercury EA 80 $18.00 $1,440.00 B.9 Molybdenum EA 80 $ 8.00 $ 640.00 B.10 Nickel EA 80 $ 8.00 $ 640.00 B.1 1 Selenium EA 80 $ 8.00 $ 640.00 B.12 Silver EA 80 $ 8.00 $ 640.00 B.13 Zinc EA 80 $ 8.00 $ 640.00 C Pretreatment Division C.1 1 St, 2nd, 3rd and 4th Quarter Sampling C1.1 Volatile Compounds *includes EA 40 $ 70.00 $ 2,800.00 Acrolein Acrylonitrile Benzene Bromoform DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Carbon tetrachloride (tetrachloromethane) Chlorobenzene Chlorodibromethane Chloroethane 2-Chloroeth Ivin I Ether Chloroform Dichlorobromethane 1 ,1 - Dichloroethane 1 ,2 - Dichloroethane 1 ,1 - Dichloroeth leve 1 ,2 - Dichloro ro ane 1 ,3- Dichloropropylene Ethyl benzene Methyl Bromide Methyl Chloride Methylene Chloride 1 ,1 ,2,2- Tetra chloroethane Tetrachloroethylene Toulene 1 ,2- TransDichloroet leve 1 ,1 ,1- Trichloroethane 1 ,1 ,2- Trichloroethane Trichloroethylene Vinyl Chloride C.1 .2 Acid Compounds *includes EA 40 $ 70.00 $ 2,800.00 2- Chlorophenol 2,4 - Dichloro henol 2,4- Dimethylphenol 4,6 - Dinitro-o-Cresol 2,4 - Dinitro henol 2- Nitrophenol 4- Nitrophenol P-Chloro-m-Cresol Pentachlorophenol Phenol 2,4,6 - Trichlorophenol C.1 .3 Base/Neutral Compounds *includes EA 40 $ 70.00 $ 2,800.00 Acenaphthene Acenaphthylene Anthracene Benzidine Benzo(a) Anthracene Benzo(a) Pyrene DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 3,4- Benzoflroranthene Benzo(ghi)Perylene Benzo(K) Fluoranthene Bis 2-Chloroethox Methane Bis 2-Chloroeth I Ether Bis)2-Chloroisopropyl) Ether Bis(2-Ethylhexyl) Phthalate 4- Bromo henol Phenyl Ether Butyl benzyl Phthalate 2-Chlorona hthalene 4-Chloro hen I Phenyl ether Chrysene Dibenzo a,h Anthracene 1 ,2 - Dichlorobenzene 1 ,3- Dichlorobenzene 1 ,4- Dichlorobenzene 3,3- Dichlorobenzidine Diethyl Phthalate Dimethyl Phthalate Di-n-Butyl Phthalate 2,4- Dinitro toluene 2,6 - Dinitro toluene Di-n- Octyl Phthalate 1 ,2- Diphenyl Hydrazine Fluoranthene Flrorene Hexachlorobenzene Hexachlorobutadiene Hexachloro-c clo entadiene Indeno(1 ,2,3-cd) pyrene Iso horone Naphthalene Nitrobenzene N-Nitroso dimeth famine N-Nitroso-n-Propylamine N-Nitroso di hen famine Phenanthrene Pyrene 1 ,2,4-Trichlorobenzene C.1 .4 Pesticides *includes EA 40 $ 85.00 $ 3,400.00 Aldrin Alpha hexachlorocyclohexane Beta-BHC Gamma-BHC (Lindane) Delta -BHC DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Chlordane 4,4-DDT 4,4-DDE 4,4-DDD Dieldrin Alpha-Endosulfan Beta-Endosulfan Endosulfan Sulfate Endrin Endrin Aldehyde Heptachlor Heptachlor Epoxide Polychlorinated biphenols (PCBs) The sum of PCB concentrations not to exceed daily average value PCB -1242 PC B-1254 PCB-1221 PC B-1232 PC B-1248 PC B-1260 PCB-1 016 Toxaphene C.2 Chapter 307 *includes EA 40 $965.00 $38,600.00 Aluminum Barium Bis(chloromethyl) ether Carbaryl Chlorpyrifos Cresols 2,4-D Danitol Demeton Diazinon Dicofol Dioxin/Furans Diuron Fluoride Guthion Hexachlorophene Malathion Methoxychlor Methyl Ethyl Ketone Mirex DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Nitrate- Nitrogen N-Nitrosodiethyla mine N-Nitroso-di-n-Butylamine Non I henol Parathion Pentachlorobenzene Pyridine 1 ,2-Dibromoethane 1 ,2,4,5 - Tetra chlorobenzene 2,4,5- TP Silvex Tribut Itin 2,4,5 - Trichlorophenol TTHM Total trihalomethanes C.3 Metals, Cyanide and Phenols C.3.1 Total Cyanide EA 512 $ 25.00 $12,800.00 C.3.2 Total Phenols EA 512 $ 30.00 $15,360.00 C.3.3 Total Metals *includes EA 128 $169.00 $21,632.00 Antimony, Total Arsenic, Total Beryllium, Total Cadmium, Total Chromium, Total Chromium (Hex) Chromium Tri Copper, Total Lead, Total Mercury, Total Nickel, Total Selenium, Total Silver, total Thallium, Total Zinc, Total Cyanide, Available C.4 Bio Solid Testing C.4.1 TCLP Metals *includes EA 24 $95.00 $2,280.00 Arsenic Barium Cadmium Chromium Lead Mercu ry Selenium DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Silver C.4.2 TCLP Volatiles *includes EA 24 $90.00 $2,160.00 Benzene Carbon Tetrachloride Chlorobenzene Chloroform 1 ,4- dichlorobenzene 1 ,2-dichloroethane 1 ,1-dichloroet leve Methyl ethyl ketone Tetra chloroeth leve Trichloroethylene Vinyl Chloride C.4.3 TCLP Semi-Volatiles *includes EA 24 $145 $3,480.00 Chlordane 2,4-D 2,4-dinitrotoluene Endrin Heptachlor Hexachlorobenzene Hexachlorobutadiene Hexachloroethane Lindane Cresols total o, m, Methoxychor Nitrobenzene Pentachlorophenol Pyridine Toxaphene 2,4-5-trichlorophenol 2,4-6-trichlorophenol 2,4-5-TP Silvex C.4.4 Significant Industrial Users (SIU) Annual Samples C.4.1 Oil and Grease EA 10 $ 45.00 $ 450.00 C.4.2 Phenols EA 10 $ 30.00 $ 300.00 C.4.3 Arsenic EA 10 8.00 $ 80.00 C.4.4 Cadmium EA 10 $ 8.00 $ 80.00 C.4.5 Total Chromium EA 10 $ 8.00 $ 80.00 C.4.6 Copper EA 10 $ 8.00 $ 80.00 C.4.7 Cyanide EA 10 $ 25.00 $250.00 C.4.8 Lead EA 10 8.00 $ 80.00 C.4.9 Mercury EA 10 $ 18.00 DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 C.4.10 Nickel EA 10 8.00 $ 80.00 C.4.11 Silver EA 10 $ 8.00 $ 80.00 C.4.12 Zinc EA 10 $ 8.00 $ 80.00 C.4.13 Non-polar Oil and Grease EA 10 $ 50.00 $ 500.00 C.4.14 Total Toxic Organics EA 10 $305.00 $3,050.00 C.4.15 Cobalt EA 10 $ 8.00 80.00 C.4.16 Tin EA 10 8.00 $ 80.00 C.4.17 Bis (2-ethylexyl) phthalate EA 10 $ 20.00 $ 200.00 C.4.18 Carbazole EA 10 $ 20.00 $ 200.00 C.4.19 O-Cresole EA 10 $ 20.00 $ 200.00 C.4.20 p-Cresole EA 10 $ 20.00 $ 200.00 C.4.21 Fluoranthene EA 10 $ 20.00 $ 200.00 C.4.22 n-Octadecane EA 10 $ 20.00 $ 200.00 TOTAL *' $ 21 1 ,982.00 ** The price on this bid form is for 3 years. The annual price is $70,661.00 with items purchased on an as needed basis. DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Attachment C NO INSURANCE REQUIREMENTS The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Purchase Contracts —Supply Agreements —Equipment Leases - Goods or Equipment Delivered to City Other Than Hazardous Chemicals. 2021 Insurance Requirements Ins. Req. Exhibit 1-A Purchase Contracts —Supply Agreements —Equipment Leases Goods or Equipment Delivered to City Other Than Hazardous Chemicals 05/10/2021 Risk Management—Legal Dept. DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 Attachment D - Warranty Requirements "No warranty required for this Agreement." DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www®cdn.cctexas.com/sites/default/files/CC®Consent® ecree.pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary DocuSign Envelope ID:79ED174B-C17C-4F67-8750-5C5890B23FD2 city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article IX of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract.