HomeMy WebLinkAboutC2019-559 - 10/15/2019 - Approved (--
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" I SERVICE AGREEMENT NO. 2441
Emergency Spill Response and Remediation Services
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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. 2441 ("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 Rbsponse 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. This Agreement is for three years, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to 00 additional zero-year periods ("Option
Period(s)"), provided, the parties do so by written amendment prior to the
expiration of the original term or the then-current Option Period. The City's
extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$93,900.00, 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. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form July 11, 2019
SCANNED
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: Utilities Department
Phone: (361) 826-1827
Email: dianaG@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form July 11, 2019
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
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.
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form July 11, 2019
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Diana Zertuche-Garza
Title: Utilities Department
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361) 826-1827
Fax: (361) 826-1715
IF TO CONTRACTOR:
Miller Environmental Services, LLC
Attn: Mike Kocian
Title: Unit Manager
Address: 401 Navigation Corpus Christi, Texas 78408
Phone: (361) 289-9800
Fax: (361) 289-6363
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form July 11, 2019
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form July 11, 2019
20. 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.
21. 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.
22. 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).
23. 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.
24. 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.
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.
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form July 11,2019
CONTRACTOR
Signature: /r -
Printed Name: Mr/Y•_= iz)ci.g.yl
Title: 36,,,,cDate:
CITY
CITY OF,CORPUS CHRISTI
v
Kim Baker
Director of Contracts and Procurement
Date: 10. 1 P/
ATTEST:
REB CCA HUERTA
Attached and Incorporated by Reference: CITY 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:
Exhibit 1 : RFB/RFP No. 2441
Exhibit 2: Contractor's Bid/Proposal Response
I ✓Lb ri-[LA:AU I tltlud:J.
IT moat IF 15-9-011
.1111736
SECRFTAW
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form July 11, 2019
Attachment A -Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide emergency spill response, remediation services for the
Utilities 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:
1. 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 Utilities 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 Utilities 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.
Revised 6.20.18
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.
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.
Revised 6.20.18
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 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.
Revised 6.20.18
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.
Revised 6.20.18
Attachment B - Bid/Pricing Schedule
rsCITY OF CORPUS CHRISTI
ry CONTRACTS AND PROCUREMENBT
40-11DEPARTMENT
N „ f0 BID FORM
1852
RFB No. 2441
Emergency Spill Response and Remediation Services
Date:
8/1/19 PAGE 1 OF 1
Miller Env. Scvs. Authorized
Bidder: 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 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 Unit Price Total Price
Qty.
1 Labor Normal Hours, HRS 525 $46 $24,150
Monday to Friday-8:00
AM to 5:00 PM
For Emergency Spill
Response and
Remediation Services
2 Labor After Hours, HRS 150 $69 $10,350
(5:OOpm-8:OOam, to
include holidays)
Estimated Mark Up (%) Estimated
Spend Spend+ Markup
3 Materials $7,500 20 $9,000
4 Equipment $27,000 20 $32,400
5 Subcontractor Allowance $15,000 20 $18,000
Total $93,900
ATTACHMENT C- INSURANCE REQUIREMENTS
I. 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 Contract Administrator
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 GL, AL and WC if
applicable. 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
change, or termination required on all Per occurrence aggregate
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 of
this Exhibit.
(All States Endorsement if Company is
not domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
POLLUTION LIABILITY $1,000,000 Per Incident Limit
(including Cleanup and Remediation) $1,000,000 Aggregate
Page 1 of 3
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 insured 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
Page 2 of 3
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
Emergency Spill Response, Remediation Services and Removal of Contaminants
01/02/2019 sw Risk Management
Valid Through 12/31/2019
Page 3 of 3
Attachment C - Bond Requirements
No bond requirements necessary for this service agreement; Section
5. Insurance; Bonds Subsection (B) is null for this service agreement.
ATTACHMENT D - WARRANTY REQUIREMENTS
No warranty requirements necessary for this service agreement; Section 8.
(B). Warranty is null for this service agreement.