HomeMy WebLinkAboutC2022-084 - 5/10/2022 - Approved DocuSign Envelope ID:31 C1 D485-8916-4641-A2A7-DEF85EA56F9B
113S c
SERVICE AGREEMENT NO. 4001
Actuator Installation at Pump Stations on Mary Rhodes
f'anwo�alev
1852 Pipeline
THIS Actuator Installation at Pump Stations on Mary Rhodes Pipeline Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City") and Scruggs Distribution, LLC
("Contractor'), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Actuator Installation at Pump Stations on
Mary Rhodes Pipeline in response to Request for Bid/Proposal No. SS 4001 ("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 Actuator Installation at Pump Stations on Mary
Rhodes Pipeline ("Services") in accordance with the attached Scope of Work, as
shown in Attachment A, the content of which is incorporated by reference into
this Agreement as if fully set out here in its entirety, and in accordance with Exhibit
2.
2. Term.
(A) The Term of this Agreement is six months beginning on the date provided
in the Notice to Proceed from the Contract Administrator or the City's
Procurement Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-month periods ("Option Period(s)"), provided, the
parties do so in writing prior to the expiration of the original term or the then-current
Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
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3. Compensation and Payment. This Agreement is for an amount not to exceed
$79,276.05, subject to approved extensions and changes. Payment will be made
for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next Option Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Diana Zertuche-Garza
Department: Utilites Treatment
Phone: 361-826-1649
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
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may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
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10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 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 priorwritten approval from the Contract Administrator. In
using subcontractors, the Contractor is responsible for all their acts and omissions
to the same extent as if the subcontractor and its employees were employees of
the Contractor. All requirements set forth as part of this Agreement, including the
necessity of providing a COI in advance to the City, are applicable to all
subcontractors and their employees to the 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: Contract Funds Administrator
Address: 2726 Holly Rd. Corpus Christi, TX 78415
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Phone: 361-826-1649
Fax: 361-826-1715
IF TO CONTRACTOR:
Scruggs Distribution, LLC
Attn: Mike Brooks
Title: CEO
Address: 8530 Hansen Rd., Houston, Texas 77075
Phone: 210-846-3584
Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
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(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
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venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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CONTRACTOR
Docusignea by:
Signature: �1�tb, �?rmk
V1...
Mike Brooks
Printed Name:
Title: cEo
Date: 3/21/2022
Res.032750
Authorized By
5-10-2022
„QFdgORPUS CHRISTI Council
r�e� �• a€e... es
Josh Chronley
Assistant Director of Finance - Procurement It;/sb
Date: 5/11/2022
Attached and Incorporated by Reference: oU"by
Attachment A: Scope of Work . '' :
37ARB200519471
Attachment B: Bid/Pricing Schedule Rebecca Huerta
Attachment C: Insurance and Bond Requirements City Secretary
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. SS 4001
Exhibit 2: Contractor's Bid/Proposal Response
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r ATTACHMENT A: SCOPE OF WORK
1.1 General Requirements/Background Information
Replace L120 MOV's at Bloomington Pump Stations on Mary Rhodes Pipeline
Contactor shall perform the following work on Location at the Bloomington
Pump Station and Woodsboro Pump Station.
Pump Stations have three existing Limitorque Actuators LI 20-20/15-2P,
3/60/208-volt units installed at each location for a total of 6, on top of three
existing concrete valve vaults (mainline, suction and discharge) with
associated hardware. The following installation services are required to be
performed on site by the contractor.
Location 1 :
Bloomington Pump Station
75 Edna Lane South
Bloomington, Texas 77951
Location 2:
Woodsboro Pump Station
132 Toups Road
Woodsboro Texas 78393
1.2 Scope of Work:
A. The Contractor shall field verify the conditions and ensure the
replacement equipment is the direct replacement before quote and
material ordering
B. The Contractor shall provide 6 new Limitorque Actuators L120-20/t5-
2P, 3/60/208-volt power supplies, weatherproof encloser, BIC
controller with control stations and local position indication. Stem nut
machining shall be included. Store in dry clean protected area until
ready for installation.
C. All lifting equipment shall be provided by the Contractor
D. All labor for installing actuators in addition to labor burden,
supervision, transportation, equipment, miscellaneous materials, and
OH&P. Sufficient personnel with no less than three labors and one job
superintendent shall remain on site during tear down and installation.
E. Before starting project the Contractor shall coordinate with Rene
Marroquin, the MRP Pipeline Supervisor on scheduling and whether it
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is required to shut down the pipeline during this project to prevent
damage to the utility.
F. The Contractor shall remove existing Mov's and replace new units
and connect all associated hardware and electrical wiring.
Lubricate hardware where require to ensuring smooth operation.
G. The Contractor to verify that the actuator has been correctly
lubricated and do so if it has not.
H. The Contractor shall also follow all manufactures recommended
installation instructions, calibration and testing per We owner's
manual.
I. Any cracked conduit fitting shall be replaced with new fitting to
prevent water intrusion.
J. The Contractor shall check rotation of new installed units.
K. The Contractor will coordinate with the MRP supervisor to schedule a
pipeline shutdown 5 days before work commences to install and test
units before pipeline place back in service, NOT to exceed two days
total.
L. The Contractorwill operate new units underthe City's supervision and
properly adjust all torque switch, balancing of the torque switch, and
geared limit switch per manufactures recommendations before
pipeline is place back in service. The Contractor shall verify the
position indication is correct and properly working.
M. The Contractor shall verify the remote position indicator is correct
and calibrate if necessary.
N. The Contractor shall verify the MOV heaters are working from the
external power source.
O. The completed job per location not to exceed two days including
testing unless otherwise agreed upon.
P. Acceptance testing will include operation in manual and in SCADA
positions
1.3 Service Personnel
A. The Contractor's service technician must be trained, experienced,
and qualified to perform the services outlined in this contract.
B. The Contractor's technician shall check in with the onsite personnel
prior to commencing work and check out after completing the work.
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C. The Contractor will remove and dispose of all unclaimed mov's,
hardware and associated trash from job site.
1.4 Other Instructions
A. The Contractor shall install all equipment listed according to
manufactures recommendations.
B. All work being performed for the City must meet industry standards
and be accepted by the Contract Administrator.
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4�
Attachment B - Pricing Schedule
City of Corpus Christi
! 6
x � Quote Form
1 . Refer to "Sample Service Agreement" Contract Terms and Conditions before
completing quote.
2. Quote your best price, include 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.
F//,7
a ° T � �
L 120-20/15, 3/60/208v
Actuator (3 at Bloomington & 6 EA $ 8,720.25 $ 52,321.50
3 at Woodsboro
Labor to Install (by CSA) at
Woodsboro, Tx. Pum Station 1 EA $ 12,845.70 $ 12,845.70
Labor to Install (by CSA) at
Tx Pump Station 1 EA $ 14,1os s5 $ 14,1os.s5
Bloomington
�i
i/,,,,,,,,ti�ii'ta i(�/,,;'i��%,iiiiii ✓,,� %icy , , ,,, c ! „„ $ 79,276.OS
COMPANY: Scruggs Distribution, LLC
NAME OF PERSON AUTHORIZED TO SIGN: Mike Brooks
ADDRESS: -95Qeg ,., n _ __..........................__._..__..........._w......., CITY/STATE/ZIP: -hQ, gQn.Tx 77075
PHONE: (832)953-9913 EMAIL: Mbrooks@scruggsco.com
FAX:
os DATE: 1/6/2022
�..� ...................._-.
CEO
SIGNATURE: TITLE.
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 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 Park & Recreation Director
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
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
UTO LIABILITY (including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory
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
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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.
D. 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
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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.
Bond Requirements:
No bonds are required.
2021 Insurance Requirements
Ins. Req. Exhibit 4-13
Contracts for General Services - Services Performed Onsite
05/10/2021 Risk Management - Legal Dept.
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ATTACHMENT D: WARRANTY REQUIREMENTS
Subject to the limitations contained below, Seller warrants that services performed by
Seller will be free from defects in workmanship under normal care and use until the
expiration of the applicable warranty periods hereafter set forth. Said services are
warranted for a period of ninety (90) days from the date of services.
If Buyer discovers any warranty defects and notifies Seller thereof in writing and
during the applicable warranty period, Seller shall, at its sole discretion, promptly
correct any errors that are found by the Seller in the services or refund the purchase
price of the defective services. All replacements or repairs necessitated by
inadequate maintenance, normal wear and usage, unsuitable environmental
conditions, accident, misuse, or by improper installation, modification, repair,
storage, or handling, or any other cause not the fault of Seller, are not covered by
this limited warranty, and shall be at Buyer's expense. Seller shall not be obligated to
pay any costs or charges incurred by Buyer or any other party except as may be
agreed upon in writing and in advance by an authorized representative of Seller. All
costs of transportation and time and expenses of Seller's personnel for site travel and
diagnosis under this warranty clause will be borne by Buyer. Warranty services
rendered during the warranty period shall be warranted for the remainder of the
original warranty period. This limited warranty is the sole warranty made by Seller and
can be amended only in writing signed by an authorized representative of Seller.
Manufacturer's Warranty on products.
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