HomeMy WebLinkAboutC2023-215 - 9/19/2023 - Approved DocuSign Envelope ID:746FB458-C526-46C2-9FDC-A2EED323BF90
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H SUPPLY AGREEMENT NO. 5010
Sodium Permanganate for Corpus Christi Water
'Ga �uan<Q
1852
THIS Sodium Permanganate for Corpus Christi Water Supply Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Carus LLC ("Contractor'), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Sodium Permanganate for Corpus Christi
Water in response to Request for Bid No. 5010 ("RFB"), which RFB includes the required
scope of work and all specifications and which RFB and the Contractor's bid response
are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if
each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Sodium Permanganate for Corpus Christi Water in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety. "Goods," "products", and "supplies", as used in this
Agreement, refer to and have the same meaning.
2. Term.
(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
$3,500,000.00, subject to approved extensions and changes. Payment will be
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made for goods delivered 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, except that the price will be adjusted quarterly in
accordance with the Pricing Review Information included in Attachment A. 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: Diana Zertuche-Garza
Department: Corpus Christi Water
Phone: 361-826-1827
Email: DianaG@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
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purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item's bid price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
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12. Subcontractors. In providing the Goods, 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: Diana Zertuche-Garza
Title: Contracts Funds Administrator
Address: 2726 Holly Rd., Corpus Christi, Texas 78415
Phone: 361-826-1827
Fax: 361-826-4495
IF TO CONTRACTOR:
Carus LLC
Attn: M. Chryss Crockett
Title: SR VP, CFO
Address: 315 Fifth Street, Peru, Illinois 61354
Phone: 800-435-6856
Fax: 815-224-6697
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
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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.
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
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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.
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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DocuSign Envelope ID:746FB458-C526-46C2-9FDC-A2EED323BF90
CONTRACTOR
Ducuftmd hy.
Signature: ` ss (x'°ttt
Printed Name: M. chryss Crockett
Title: Sr. VP, CFO
Date: 9/13/2023
Res.033173
CITY OF CORPUS CHRISTI Authorized By
r-D—SW-d tly,
} 9/19/2023
Council
Josh Chronley
Assistant Director of Finance — Procurement QS
Date:
10/5/2023 Er-;/s
APPROVED AS TO LEGAL FORM: ATTEST:
D—SWmd tly,
D-ua^{q'ned by;
10/5/2023
Asses an ity Attorney Date Rebecca Huerta
City Secretary
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB No. 5010
Exhibit 2: Contractor's Bid Response
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ATTACHMENT A: SCOPE OF WORK
WEOR>tl RW Iia
1852
I. General Requirements
1 . The Supplier shall provide Sodium Permanganate Solution as outlined in this
Scope of Work to be used at the City of Corpus Christi Water and
Wastewater Treatment Plants.
2. Sodium Permanganate is used for algae control in water and must conform
to all the requirements of this specification.
II. Scope of Work
The Supplier shall provide with every delivery a chemical analysis for each
chemical shipment, and the chemical analysis must include the percentage of
assay, specific gravity and pH.
III. Material Requirements
The Sodium Permanganate Solution delivered under this agreement will
meet the following specifications:
Item Weight
Assay 39.5- 41 .0% as NaMn04
pH 5.0- 8.0
Specific gravity 1 .36 - 1 .39
Certified by the National Sanitation Foundation (NSF) to ANSI/NSF Standard 60
f or drinking water treatment chemicals-health effects.
The product should meet the AWWA Standard B603-03; EN: 15482-2007.
IV. Delivery and Weighing Requirements
1 . The Supplier will be responsible for unloading the chemical. The Supplier
shall provide any special equipment necessary for unloading, up to and
including, hoses, connections, compressors, etc.
a. The Bill of Lading must be delivered before
unloading;
b. Certificate of Analysis must be delivered
before unloading and can be emailed to the
Plant Superintendent or designee.
2. The Supplier must provide an affidavit of compliance to the City of
Corpus Christi stating that at the time of delivery the chemical furnished
under the release order complies with all applicable requirements of
this specification.
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3. City of Corpus Christi Plant Supervisors, or their designee, may take a
sample of any chemical shipment for testing prior to unloading of the
chemical. In addition, approximately every three (3) months during the
supply agreement, the City will take a random sample of the chemical
upon delivery. This sample will be sent to an independent laboratory
chosen by the City and tested for all items outlined in the product
specifications.
4. The Plant Supervisor may reject any chemical shipments that contain
a concentration of any component outside the allowable
concentration range as specified in the product specifications.
5. Deliveries of Sodium Permanganate solution must be by drivers
thoroughly trained and familiar with the related hazards, safety
measures, and spill cleanup procedures for sodium permanganate
solution. All spills and leakage, regardless of size must be properly and
immediately cleaned up by Supplier's personnel. The Supplier shall be
required to respond to any and all such emergencies within eight (8)
hours of being notified.
6. The Supplier shall allow two (2) hours "unloading time" for each
chemical shipment, starting from the time the load enters the plant site
to the time the unloading of the chemical shipment is completed.
Unloading of the chemical is complete when unloading apparatus is
disconnected from storage facilities and secured, and a designated
City of Corpus Christi representative has signed all delivery tickets for
each respective load. Any unloading time in excess of two (2) hours
which is directly attributable to the City will be paid for at the unit price
bid for "Unloading Delays," rounded and prorated to the nearest
quarter hour. This amount shall be included with the invoice for
payment for that particular load of chemical.
7. Shipment(s) will be delivered in 275-gallon totes. Each chemical
shipment must be weighed on a state certified truck scale located
within the city limits of Corpus Christi before delivery to and after
unloading at the water treatment plants.
8. The Supplier shall be responsible for mailing a legible copy of each
chemical shipment weight "ticket" to the respective City of Corpus
Christi Water Supervisor within 5 business days of delivery of the
chemical. Payments to the Supplier will not be processed unless this
requirement is met.
9. Deliveries shall be made between 8:00 a.m. and 5:00 p.m., Monday
through Sunday, excluding holidays, unless specific arrangements are
made otherwise.
10. Orders will be placed by telephone or email. The Supplier will deliver
the amount of Sodium Permanganate solution ordered within twenty-
four (24) hours of order placement. No minimum or maximum purchase
of Sodium Permanganate Solution is guaranteed by the City within the
duration of the contract.
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V. Deliveries will be made to the following location:
O.N. Stevens Water Treatment Plant, 13101 Leopard St., Corpus Christi, TX 78410
VI. Other Requirements
1 . All materials supplied must comply with all requirements and standards of the
Occupational Safety and Health Act (OSHA). All appropriate markings shall
be in place before delivery. Items not meeting OSHA specifications will be
refused.
2. The Supplier shall base its billing and quantity for each chemical shipment on
"local" certified weight tickets for the delivery of Sodium Permanganate
Solution.
3. The Supplier must submit the chemical analysis, weight ticket, and bill of
lading with each invoice.
4. Prior to initial use of the Sodium Permanganate solution, and annually
thereafter, the Supplier shall conduct a minimum of two (2) training seminars
for the City's operating personnel on the application and control of the
Sodium Permanganate solution, and shall include the following:
a. Basic chemical properties of the Sodium Permanganate Solution
b. Safety training
c. Equipment operation/set up
d. Safety Data Sheet
VII. Supplier Quality Control and Superintendence
The Supplier 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 Supplier will also provide
supervision of the work to insure it complies with the contract requirements.
VIII. Invoicing
A. The Contractor shall submit the invoice to the Contract Administrator.
Invoice must contain following:
i. Purchase order number
ii. Description of work
iii. Total hours billed, itemized by position and hourly rate
iv. Work order number/ Job ticket
V. Copies of all receipts for parts/materials/equipment
B. Approval for payment shall be authorized by the Contract Administrator.
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Pricing Review Information
All pricing must be in accordance with the attached 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. Price per pound
may be re-negotiated each calendar quarter, expiring on the last day of
March, June, September, and December. Any adjustment in price must be
agreed to by both parties in writing (by countersigned letter) prior to the
end of the calendar quarter. Price adjustments may be made in
accordance with the Producer Price Index 325180-A (not seasonally
adjusted) published by the U.S. Bureau of Labor Statistics using an average
of the three calendar months immediately preceding the month of the
adjusted pricing request. Price adjustments will be based on the
percentage by which the average of the three calendar months in the
pricing index either increases or decreases from the month immediately
preceding those three calendar months. For example, if the average of
the three calendar months is 309 and the pricing for the month
immediately preceding those calendar months is 300, then the
percentage of increase would be 3% (9/300 = 0.03) and the then agreed
upon price could be increased by 3%. Price changes must be requested
by the party seeking to adjust the price in writing at least 30 days prior to
the effective date of the change in price. Price increases require
documentation of the amount Contractor is charged for the product. Price
increases that are not in accordance with the pricing index referenced in
this provision must be proportional to the increase in cost to Contractor.
Thus, if the price Contractor pays to the manufacturer increases by 3%
during the calendar quarter, then the price charged to the City may also
increase by 3%. Any quarterly increases in the agreed upon price per
pound may not exceed 100 of the then agreed upon price. In no event
will the total annual compensation exceed the maximum amount
provided in this provision without a properly executed amendment as
allowed by Section 13 below.
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v " ATTACHMENT B: QUOTE/PRICING SCHEDULE
`
v
CITY OF CORPUS CHRISTI
Ca �4pEQ QUOTE FORM
1852
1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote.
2. Quote your best price, including freight, for each item.
3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at
independently, without consultation, communication, or agreement with any other vendor or
competitor, for the purpose of restricting competition with regard to prices.
Invitation to quote, FOB Destination, Freight Included, on the following:
Item UNIT 1 -Yr.QTY Unit Price Total Price
1 40 % Sodium Permanganate
Solution (275 Gallon Totes) Lbs. 11456,350 $1.72/lb. $2,504,922.00
Total $2,504,922.00
COMPANY: Carus LLC
NAME OF PERSON AUTHORIZED TO SIGN: M. Chryss Crockett
ADDRESS: 315 Fifth Street CITY / STATE/ZIP: Peru, IL 61354
PHONE: 800-435-6856 EMAIL: bids@carusllc.com
FAX: 815-224-66x97 DATE: August 16, 2023
SIGNATURE: ' / TITLE: SR VP, CFO
THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY
INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR
POSTPONE THIS PROJECT UNTIL A LATER DATE.
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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
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) $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)
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 30 calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not
less than 10 calendar days advance written notice for nonpayment of premium.
E. Within 5 calendar days of cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
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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.
BOND REQUIREMENTS:
No bonds are required for this Agreement.
2023 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services - Services Performed Onsite - Pollution
O1/01/2023 Risk Management - Legal Dept.
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DocuSign Envelope ID:746FB458-C526-46C2-9FDC-A2EED323BF90
ATTACHMENT D: WARRANTY REQUIREMENTS
Material shall be free from defects.
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