HomeMy WebLinkAboutC2018-372 - 7/24/2018 - Approved SERVICE AGREEMENT NO. 1582
issa Bio-Monitoring Testing for Wastewater Treatment Plants
THIS Bio-Monitoring Testing for Wastewater Treatment Plants Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Bio-Aquatic Testing, Inc. ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Bio-Monitoring Testing for Wastewater
Treatment Plants in response to Request for Bid/Proposal No. 1582 ("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 Bio-Monitoring Testing for Wastewater Treatment
Plants ("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for 48 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
Purchasing 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 and prior to the expiration of the original term or the then-
current Option Period. The City's extension authorization must be executed by
the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$173,040.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. 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.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
62018-372
7/24/18
?rm Page 1 of 7
M2018-112
5/17
Bio-Aquatic Testing Inc.
�(:ANNFII
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Diana Zertuche-Garza
Department: Utilities
Phone: (361) 826-1827
Email: dianaG@cctexas.com
5. Insurance; 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 a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
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. Any Services 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.
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form 12/15/17
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 Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
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 if
the subcontractors were not named at the time of bid or proposal, as applicable.
In using subcontractors, the Contractor is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form 12/15/17
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
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 related 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/Fund Administrator
Address: 13101 Leopard Street, Corpus Christi, TX 78410
Phone: (361) 826-1827
Fax: (361) 826-4488
IF TO CONTRACTOR:
Bio-Aquatic Testing, Inc.
Attn: Chris Robason
Title: President
Address: 2501 Mayes Road, Ste. 100, Carrollton, Texas 75006
Phone: (972) 242-7750 ext. 111
Fax: (972) 242-7749
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
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form 12/15/17
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator must give the Contractor written notice of the breach and set out a
reasonable opportunity to cure. If the Contractor has not cured within the cure
period, the City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. 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.
20. 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.
21. 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:
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form 12/15/17
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).
22. 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.
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. Governing Law.This Agreement is subject to all federal,State, and local laws, rules,
and regulations. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such form and venue for such
disputes is the appropriate district, county, or justice court in and for Nueces
County, Texas.
25. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form 12/15/17
CONTRACTOR
Signature: CL.. nibK
Printed Name: Chris Robason
Title: President
Date: 05/31/2018
CITY OF CORPUS CHRISTI
Signature: l(,tivA, tz
rJ �
Printed Name: L.t1..4_ 6,41C_. 12
Title: as4-. Directr tF Pnanct'pL Se ji'c.cs
Date: 7. Q.S• V$
ATTEST. ve& C
REBECCA HUERTA
Attached and Incorporated by Reference: rile SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only: iI _J _ uIPr :i���
Exhibit 1 : RFB/RFP No. 1582 ft CONCH— I
Exhibit 2: Contractor's Bid/Proposal Response gla
SECIKTAIIV
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form 12/15/17
Attachment A-Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide Bio-Monitoring Testing as outlined in this Scope
of Work.The Environmental Protection Agency (EPA) and Texas Commission
on Environmental Quality (TCEQ) permits require biomonitoring. The
frequency of monitoring is related to factors such as size, industrial
contribution, receiving stream water quality and flow, and biomonitoring
history. The anticipating number of monitoring events are outlined in the
attached Table 2.
1.2 Scope of Work
The Contractor shall provide biomonitoring testing to determine if
wastewater treatment plant effluent is toxic or has sublethal effects on living
organisms. The Contractor will provide all necessary sample containers,
labels, sample preservatives, shipping packages, and chain-of-custody
forms. The City will be responsible for the collection, labeling, and shipping
preservation of the samples. The Contractor will specify the method of
shipment and will pay all shipping charges. In addition to performing the
prescribed analyses, the Contractor will also submit, in a timely manner, the
reports specified in this document.
A. The Contractor must meet the requirements of the City of Corpus
Christi Wastewater Department, Environmental Protection Agency
(EPA) and Texas Commission on Environmental Quality (TCEQ).
B. City of Corpus Christi Wastewater Division Requirements:
1 . The City reserves the right to make changes in the contract to
accommodate increased or decreased frequency of testing due
to toxicity testing failure or permit alterations and modifications
mandated by EPA and TCEQ. In the event, that additional tests are
required. The City will include an allowance on the bid form. Any
changes in the contract will be made after consultation with the
laboratory.
2. Subcontracting to other laboratories shall not be acceptable.
3. All organisms shall be cultured in-house and shall be maintained in a
clean and safe condition. No purchased organisms may be used in
City tests.
4. The Contractor must have extensive chemical analysis capabilities
in the event toxicity is found and it becomes necessary to isolate
the toxins.
5. The Contractor shall perform aquatic toxicity testing. The Contractor
must have a minimum of a Master's Degree toxicologist on staff.
6. The Contractor shall have saltwater testing capabilities.
7. The Contractor's procedures shall be supported by a strict Quality
Assurance/Quality Control (QA/QC) program. In addition to the
QA/QC program the following shall be submitted to City Staff:
8. Reporting:
a. Contractor must provide two written reports for each testing
event;
b. Reports must contain written summary, electronic data
summary, raw data, reference toxicant data, chain-of-
custody forms, and Table forms;
c. Contractor must provide completed Table 1 and 2 forms,
located with the plants discharge permit.
d. Turn-around-time must be 5 working days;
e. Contractor must provide electronic version, and;
f. Contractor must retain reports for a minimum of 5 years.
9. The Contractor must have separate areas, at a minimum, for the
following:
a. Freshwater testing;
b. Saltwater testing;
c. Fathead minnow culturing;
d. Mysidopsis bahia culturing;
e. Menidia beryllina culturing;
f. Synthetic water preparation area separates from testing and
culturing;
g. Effluent water preparation area separates from synthetic;
h. Invertebrate culture area;
i. Invertebrate testing area (both separate);
j. Algae culture area;
k. TRE/TIE or other non-routine testing area separate from testing
rooms containing National Pollutant Discharge Elimination
System (NPDES) compliance tests;
I. Sample storage area, and;
m. Labware and glassware cleaning and preparation
10. The Contractor must be prepared to receive samples after hours.
Secure outside storage for samples must be available for drop off or
a person available for sample receipt. Security and after-hours
sample receipt shall be at no extra charge.
11 . The Contractor must be available to receive samples on weekends
and holidays.
1.3 Shipping/Special Instructions
A. All sampling will be performed by the City Wastewater Department and
will be scheduled as required by the City's discharge permits. Samples
will be shipped on Monday, Wednesday, and Friday. Deviation from this
schedule will only be made if deemed necessary and after consultation
with the Contractor.
B. The Contractor shall provide all sample containers and shipping containers
required for shipment. The Contractor must specify the method of
shipment and the procedure.
C. All sample and shipping containers will be shipped to:
City of Corpus Christi
0. N. Stevens Water Treatment Plant Warehouse
Attn: Robert Corn
13101 Leopard St.
Corpus Christi, Texas 78410
D. The Contractor will pay all shipping charges to and from the City of
Corpus Christi. These charges must be included in the final cost of
each test. All samples will be shipped to the Contractor on the day of
completion of each 24-hour composite.
If for any reason testing is terminated by the Contractor, at any stage of the
testing, the cost will be incurred by the Contractor. If, for any reason, testing
is terminated by the City after the samples have been received by the
Contractor and testing has been initiated, reasonable and proportional costs
shall be incurred by the City.
1.4 Invoicing and Reporting
The Contractor's invoice for payment must contain the following information:
a. The City Wastewater Department must receive final reports for the
monthly testing no later than twenty days after receipt of the last
sample.
b. The original and one copy of both the final report and Table 1 and/or
Table 2 for each test will be submitted to the City of Corpus Christi
Wastewater Department. These reports, invoices and all
correspondence will be sent to the following address if using the U.S.
Postal Service.
City of Corpus Christi
Wastewater Department
2726 Holly Rd
Corpus Christi, Texas 78415
Telephone: (361) 826-1800
Fax: (361) 826-1715
Original scanned results can be emailed to:
• RobertC6@cctexas.com
• EarlRi@cctexas.com
• NikkiG@cctexas.com
• CourtneyS@cctexas.com
• PhilipD@cctexas.com
• GeraldG@cctexas.com
All other couriers will require the shipping address.
1.5 Methodoloav
A. All test organisms, procedures, and water quality assurance criteria used
must be in accordance with the latest revision of the following EPA
Manuals:
• "Short-Term Methods for Estimated the Chronic Toxicity of Effluents
and Receiving Waters to Freshwater Organisms". EPA 600/4-89/001 .
• "Short-Term Methods for Estimating the Chronic Toxicity of Effluents
and Receiving Waters to Marine and Estuarine Organisms, Third
Edition." (EPA-82.1-R-02-014).
• "Methods for Measuring the Acute Toxicity of Effluents and
Receiving Waters to Freshwater and Marine Organisms Fifth
Edition. (EPA-821-R-02-012).
B. All test organisms, procedures, and water quality assurance criteria used
must be in accordance National Pollutant Discharge Elimination System
(NPDES) permits and/or Texas Commission Environmental Quality (TCEQ)
permits as follows:
1. CHRONIC-MARINE TOXICITY TESTING:
a. Mysidoosis bahia (Mysid shrimp) chronic static renewal 7-day
survival, growth and fecundity test using Method 1007.0,
EPA/600/4-91/003, or the most recent update thereof.
b. Menidia beryllina (Inland Silverside minnow) chronic static
renewal 7-day larval survival and growth test, Method 1006.0
EPA/600/4-91/003, or the most recent update thereof.
2. ACUTE-MARINE TOXICITY TESTING:
a. Mysidopsis bahia (Mysid shrimp) acute static renewal 24-hour
toxicity test using EPA-821-R-02-012, or the latest update thereof.
b, Menidia beryllina (Inland Silverside minnow), acute static renewal
24hour toxicity test using EPA-821-R-02-012, or the latest update
thereof.
C. Any method that does not follow the above procedures must be
approved by the City of Corpus Christi Wastewater Department.
D. The tests listed in Table 1 shall be performed in accordance with the
NPDES permits and/or TCEQ permits.
TABLE 1: ESTIMATED SAMPLING FREQUENCY
ALLISON 4/Year Chronic Mysidopsis bahia
4/Year Chronic Menidia beryllina
2/Year Acute Mysidopsis bahia
2/Year Acute Menidia beryllina
BROADWAY 4/Year Chronic Mysidopsis bahia
4/Year Chronic Menidia beryllina
2/Year Acute Mysidopsis bahia
2/Year Acute Menidia beryllina
GREENWOOD 4/Year Chronic Mysidopsis bahia
4/Year Chronic Menidia beryllina
2/Year Acute Mysidopsis bahia
2/Year Acute Menidia beryllina
LAGUNA MADRE 4/Year Chronic Mysidopsis bahia
4/Year Chronic Menidia beryllina
2/Year Acute Mysidopsis bahia
2/Year Acute Menidia beryllina
OSO 4/Year Chronic Mysidopsis bahia
4/Year Chronic Menidia beryllina
2/Year Acute Mysidopsis bahia
2/Year Acute Menidia beryllina
WHITECAP 4/Year Chronic Mysidopsis bahia
4/Year Chronic Menidia beryllina
2/Year Acute Mysidopsis bahia
2/Year Acute Menidia bahia
TABLE 2: ESTIMATED NUMBER OF ANNUAL SAMPLING EVENTS
Chronic Mysidopsis bahia 24
Chronic Menidia beryllina 24
Acute Mysidopsis bahia 12
Acute Menidia beryllina 12
Attachment B- Bid Pricing/Schedule
(1/1418 . CITY OF CORPUS CHRISTI
i:::.:11111 BID FORM
;;' -„�- PURCHASING DIVISION
RFB No. 1582
l eis Bio-Monitoring Testing for Wastewater Treatment Plant
PAGE 1 OF 1
Date: 05/07/2018
Authorized CA... nKOBidder: Bio-Aquatic Testing, Inc. Signature:
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 Purchasing 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 14-Yr. Unit Price Total Price
Qty.
1 Chronic Mysidopsis bahia Each 96 $ 722.50 $ 69,360.00
2 Chronic Mendidia beryllina Each 96 $ 722.50 $ 69.360.00
3 Acute Mysidopsis bahia Each 48 $ 45.00 $ 2.160.00
4 Acute Menidia beryllina Each 48 $ 45.00 $ 2;160.00
5 Allowance -Toxicity Testing
Failure AL $30,000.00 $30,000.00
Total $ *173,040.00
*Includes the$30,000 Allowance
Note:The Chronic Mysid and Menidia test prices are$550.00 each.The freight per ice chest is$115.00
each. 3 separate shipments are required for a single chronic test event(regardless of specie tested):
$115.00/cooler x 3 =$345.00 freight per chronic test event. I divided the$345.00 freight between each
chronic specie for budget. Invoices will reflect the$550.00/specie and$115.00/cooler.
Attachment C - Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained_and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property
Management one (1) copy of Certificates of Insurance 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 endorsement is required on all applicable policies. Endorsements must be
provided with Certificate of Insurance. Project name and/or number must be listed in
Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises -Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this Exhibit.
not domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
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 renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit 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, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, 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,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a 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 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 stop work hereunder,
and/or withhold any payment(s) 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 contract.
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 contract.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2018 Insurance Requirements
Purchasing
Biomonitoring Testing of Wastewater Treatment Plant Effluent
03/21/2018 sw Risk Management
Valid Through 12/31/2018
ATTACHMENT D - WARRANTY REQUIREMENTS
No warranty requirements necessary for this service agreement; Section 8.
Warranty is null for this service agreement.