HomeMy WebLinkAboutC2023-115 - 1/10/2023 - Approved DocuSign Envelope ID: B2E41 F7A-1 F72-4ACD-A189-FBB54569FAFF
DocuSign Envelope ID:56AC84D8-92CB-4375-B31 D-564AE007414F
SC
O ��
SERVICE AGREEMENT NO. 4223
U
Emergency Spill Response and Remediation Services
NOOBPONpSEO
1852
THIS Emergency Spill Response and Remediation Services Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Miller Environmental Services, LLC
("Contractor"), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Emergency Spill Response and
Remediation Services in response to Request for Bid/Proposal No. 4223 ("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 Emergency Spill Response and Remediation
Services ("Services") in accordance with the attached Scope of Work, as shown
in Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term.
(A) The Term of this Agreement is three years 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 zero additional zero-month 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.
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3. Compensation and Payment. This Agreement is for an amount not to exceed
$136,900.00, subject to approved extensions and changes. Payment will be made
for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next Option Period.
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: Velma Pena
Department: Public Works
Phone: 361-826-1933
Email: VelmaP@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
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may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
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.
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10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30'" annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
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. 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 some 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: Velma Pena
Title: Contract Funds Administrator
Address: 2525 Hygeia Street, Corpus Christi, Texas 78415
Service Agreement Standard Form Page 4 of 8
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Phone: 361-826-1933
Fax: 361-826-1627
IF TO CONTRACTOR:
Miller Environmental Services, LLC
Attn: Brian Cox
Title: Response Division Manager
Address: 401 Navigation, Corpus Christi, Texas 78408
Phone: 361-289-9800
Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City 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.
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(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.
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
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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.
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.
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CONTRACTOR
D...Signed by:
Signature: °u"'
Printed Name: Brian cox
Title: Response Division Mgr.
8/2/2022
Date: M2023-003
Authorized By
1/10/2023
Council
CHRISTI
AL154S656E�64EG_..
Josh Chronley Er-;/s
Assistant Director of Finance - Procurement
6/23/2023
Date:
ATTD0GU geed by:
Attached and Incorporated by Reference: °
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule Rebecca Huerta
Attachment C: Insurance and Bond Requirements City Secretary
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit l: RFB/RFP No. 4223
Exhibit 2: Contractor's Bid/Proposal Response
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ATTACHMENT A: SCOPE OF WORK
•1832
1.1 General Requirements/Background Information
The Contractor shall provide emergency spill response, remediation services for
the Public Works Department, and the removal of contaminated absorbent from
the Solid Waste Services Department, as outlined in this Scope of Work.
1.2 Scope of Work
A. The Contractor shall provide all supervision, labor, transportation, tools,
materials, and equipment necessary for the completion of these services.
B. Service Requirements for the Contractor:
I. Shall be able to provide specified services twenty-four hours a day, three
hundred and sixty-five days per year, on an as needed basis.
2. Will receive work order requests by phone and must respond within 30
minutes of a call being placed by the Public Works Department.
3. Must be on site within two hours of a receipt of work order of a request for
services.
4. Shall begin spill response and/or remediation within two hours of arrival on
site unless otherwise approved by Public Works Department.
5. Must have a sufficient number of certified/trained personnel to fulfill work
demands.
6. Will have the capability and capacity to respond to on-site, highway, in
water, or on shoreline incidents.
7. Shall have facilities and equipment to meet the response time dictated in
this scope of work.
8. Shall have the ability to mitigate spill incidents, for example gas, oil, sugar
water and other types of spills.
9. Shall have multiple vacuum trucks available for immediate response to
eliminate and/or mitigate pollutant loading and/or contamination to the
Municipal Separate Storm Sewer System (MS4) and/or waters of the State.
10. Shall have the ability to perform hydro-excavation.
11 . Will have the capability to perform work in confined spaces and have the
safety equipment and training required to support.
12. Must have the capability to collect analytical samples according to State
standards. All samples taken shall have a copy sent to the City Contract
Administrator or their Designee.
13. Shall have the capability and equipment to hydro-jet infrastructure lines
blocked by a material or hazard.
14. Responsible for any or all decontamination of personnel and equipment.
C. Spill remediation shall include any and all affected areas.
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D. All items used for spill response and remediation shall be free from the threat of
cross contamination.
E. The Contractor shall provide status updates to requester throughout the duration
of the response.
F. At time of completion of services, the Contractor shall report back to the
requester.
G. All response and remediation services provided shall be documented by the
Contractor. A copy of the work order and invoice shall be provided to the City
with the following information:
• Work Order Number
• Date
• Site location/address
• Description of response and/or remediation services provided
• List of materials used
• Quantity and Names of Crew Members
• Log of timeline, from time of City request to departure from the scene.
• Signature of on-site City Work Coordinator
H. The Contractor shall provide follow up services in the event additional
remediation is required.
I. For the Solid Waste Services Department at 2525 Hygeia St. the Contractor shall
provide the collection of contaminated absorbent that was used in the clean-
up of small vehicle fluid and lubricants spills. The service entails the following:
• Deliver 5 clean 55-gallon drums with sealable lids
• Collect drums on an as needed basis
• Collect drums within the week of call from City Staff
• Swap dirty drums with clean drums
• Replace drums that are damaged and that cannot contain absorbent
• City Staff will contact Contractor when drums are ready to be collected.
• Contact person will be Tai Apilado, 361-826-1975 or Michelle Chatman,
361-826-1613.
1.3 Invoicing
A. All work will be invoiced and paid based on the contract pricing. All direct
expenses incurred should be included and charged accordingly. The City
will pay for labor, materials, and equipment used in the performance of
the work as outlined on the contract pricing sheet. Labor will be paid at
the blended rates shown for actual hours worked. Materials and
equipment will be paid at actual costs plus allowed markup. Receipts are
required. Subcontractors used will also be allowed if approved in
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advance and will be compensated in the same manner as the
Contractor.
B. The following items shall not be billed to the City.
1. Heat Stress
2. Vest- Fluorescent
3. Hand Tools
4. Lifeline Rope
5. Gas Monitor
6. Tripod
7. Cell Phone
8. Flashlight
9. Portable Lighting Tower
10. Per Diem
11 . Other indirect costs to perform the work
C. Invoices submitted without the required information will not be processed for
payment until the Contractor provides the required information as follows:
1. Service Agreement Number
2. P.O. Number and Work Order Number
3. Service address
4. Description of service work
5. Itemized list of charges including labor rate, hours charged, etc.
6. Third Party Invoices, i.e., Equipment rental, if applicable
7. Name of authorizing City representative (on-site Work Coordinator.
1.4 Work Site and Conditions
The work shall be performed at any location within the City of Corpus
Christi's jurisdictional boundary and/or any location deemed affected by
incidents occurring within the City of Corpus Christi's jurisdictional
boundary, which shall include incidents occurring and/or threatening
navigable waterways and/or waters of the state for which the City has the
responsibility to protect through state issued permits. The work may be
required on land, roadways, infrastructure, ditches, waterways, structures,
objects, and other items that are determined to be affected by the
incident.
1.5 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
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jm%# #j,%-..#i,y,j6#4TB - PRICE SHEET
so.
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BID FORM
OR PASS
1852 R1FB No. 4223
Emergency Spill Response and Remediation Services
PAGE I OF 1
Date: 7-11-22
Miller Environmental services, LLXuthorized Brian Cox DocuSigned by:
Brian Cox (16),
Bidder: Signature: F 'Qp
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.
Item Description UNIT 3 Year U nit Price Total Price
Qty.
I Labor Normal Hours, HRS 1,100 $ �;�,06 $
Monday to Friday-
8:00 AM to 5:00 PM
For Emergency Spill
Response and
Remediation Services
2 Labor After Hours, HRS 300 $ -7 6>6 $ 06
(5:01 PM - 7:59 AM,
to include weekends
and holidays)
Estimated Mark Up Estimated
Spend Spend+Markup
3 Materials $ 7,500 $ $
4 Equipment 1 $ 27,000 1$ 6-
$ 06, 6 6)
5 Subcontractor Allowance 1 $ 15,000 1$ ;Z b $ /8",000 , 06 S
Total $136.900.00 11 tc
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Attachment C: Insurance and Bond 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 COL
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and p roperty
required on all certificates or by Damage Per occurrence -
applicable policy endorsements aggregate
Commercial General Liability $1 ,000,000 Per Occurrence
Including:
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) $500,000 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
(Including Cleanup and Remediation)
Risk Review
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.
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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.
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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 underthis 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.
Bond Requirements:
No bonds are required.
2021 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services-Services Performed Onsite - Pollution
05/10/2021 Risk Management- Legal Dept.
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ATTACHMENT D: WARRANTY REQUIREMENTS
No product warranty applies to this Service Agreement.
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