HomeMy WebLinkAboutC2022-229 - 10/11/2022 - Approved DocuSign Envelope ID:00516B52-A653-4EAC-BE4B-3CE9572DC1 F2
113S a
SERVICE AGREEMENT NO. 4323
Rotork Actuators Maintenance and Repairs
f�'anwo�alev
1852
THIS Rotark Actuators Maintenance and Repairs Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Rotork Controls, Inc. ("Contractor'), effective upon execution
by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Rotork Actuators Maintenance and
Repairs in response to Request for Bid/Proposal No. 4323 ("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 Rotork Actuators Maintenance and Repairs
("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 five years beginning on the date provided
in the Notice to Proceed from the Contract Administrator or the City's
Procurement Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-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
$221 ,468.96, which includes $1 ,608.50 in surcharges on parts orders, subject to
approved extensions and changes. Payment will be made for Services provided
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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: CCW
Phone: (361 ) 826-1827
Email: DianaZ@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.
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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.
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
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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. In performing the Services, the 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 Road, Corpus Christi, Texas 78415
Phone: (361) 826-1827
Fax: (361) 826-4495
IF TO CONTRACTOR:
Rotork Controls, Inc.
Attn: Chris Visser
Title: Areas Sales Manager
Address: 675 Mile Crossing Blvd., Rochester, NY 14624
Phone: (585) 247-2304
Fax: N/A
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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.
(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.
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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
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.
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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.
28. Consent Decree Requirements. This Agreement is subject to certain requirements
provided for by the Consent Decree entered into as part of Civil Action No. 2:20-
cv-00235, United States of America and State of Texas v. City of Corpus Christi in
the United States District Court for the Southern District of Texas, Corpus Christi
Division (the "Consent Decree"). A set of Wastewater Consent Decree Special
Conditions has been attached as Attachment E, the content of which is
incorporated by reference into this Agreement as if fully set out here in its entirety.
The Contractor must comply with Attachment E while performing the Services.
[Signature Page Follows]
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DocuSign Envelope ID:00516B52-A653-4EAC-BE4B-3CE9572DC1 F2
CONTRACTOR
QocuSigned by:
Signature:
Mike Pelezo
Printed Name:
Title: Director, site services
Date: 8/30/2022
CITY OF CORPUS CHRISTI
DocuSigned by:
Res.032886
8e6fiE5B4Ec_ Authorized By
Josh Chronley
Assistant Director of Finance - Procurement Council
10-11-2022
Date:
10/13/2022
DS
A �ulg e , as to legal form:
10/13/2022
Assistant City Attorney Date TF T
bbG�tgnea by:
Attached and Incorporated by Reference:
Attachment A: Scope of Work Rebecca ca HuR'°"5194rt
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements City Secretary
Attachment D: Warranty Requirements
Attachment E: Consent Decree Requirements
Incorporated by Reference Only:
Exhibit l : RFB/RFP No. 4323
Exhibit 2: Contractor's Bid/Proposal Response
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ATTACHMENT A - SCOPE OF WORK
1.1 General Requirements/Background Information
A. The Contractor shall provide annual preventative maintenance for 70
IQ/IQT units at the following locations:
WWTP # Plant Name Address
1 Broadway WWTP 801 Resaca
2 Oso WWTP 601 Nile
3 Greenwood WWTP 6541 Greenwood Dr.
B. Annual Preventative Maintenance will be performed during normal working
hours, Monday to Friday, from 7:00 AM to 3:30 PM. The Contractor will check
in and check out with the on-site Superintendent or Work Coordinator
before and after all authorized work is performed. Any work after hours must
be authorized by the on-site WWTP Superintendent, or authorized City staff
approved by the Superintendent.
C. The annual Preventative Maintenance will be scheduled by the City and
will include parts and labor.
1.2 Preventive Maintenance (including Planned Maintenance - RSS LTM PM City
of Corpus Christi - WWTP 2022 CUS112000-00-6)
A The Contractor shall perform preventative maintenance that maintains
maximum reliability. The goal of the preventative maintenance is to keep
actuators up and running and resolve problems before it become fatal.
B. The Contractor shall perform following tasks including but not limited to:
1. Verify and resolve issues experienced by the site personnel.
2. External visual inspection of all external surfaces.
3. Oil level is checked and replenished.
4. Inspect and replace sight glasses, if needed.
5. Mounting bolts, nuts, washers and screws are checked for damage
and tightness.
6. Confirmation hand wheel is operational and ensure physical
movement of valve.
7. Inspect and replace hand control knobs as needed, switches,
on/off and directional.
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8. Confirmation local control works in both direction while checking for
any signs of deterioration.
9. Terminal cover is to be removed and the connection are checked.
Compartment checked for any moisture ingress and corrected. The"
O" ring seal is replaced and if explosion proof, integrity of flame path is
inspected.
10. Motor cover is removed and checked for seal failures. Cover "O"
ring replaced after inspection.
11. Electrical cover is removed, and internal components inspected.
Cover "0" ring replaced after inspection as needed.
12. Status management and replacement of batteries as required.
13. On completion, both local and remote operations are checked.
14. The Contractor shall verify full stroke operation in both direction
upon approval from site coordinator.
15. Where available (through data loggers) historic performance data
is investigated and compared stored torque profiles. Data will be
reviewed to help determine life expectancy of the equipment.
16. The Contractor shall analyze the data to predict potential failures
and plan future maintenance requirements or corrective actions.
17. The Contractor shall hold the critical parts so that they may be
dispatched as quickly as possible.
18. The Contractor will operate fully open - test fully open limit and
closed limit.
1.3 Repair service call
A. The Contractor shall be available to provide repair services on as needed
basis other than Rotork Planned Maintenance.
B. After inspection of work, the Contractor shall provide a repair estimate
for each repair. When the City receives the repair estimate, a purchase
order will be created. The City must approve any additional repairs.
c. Repairs shall be done within 10 business days.
D. Upon completion of repair service call, the Contractor's representative
shall provide a job ticket. The job ticket shall include, but not limited to -
Company Name, Name of technician, Date of Services, Detailed
description of the work performed, root causes of failure, parts used,
work order number and total time spent.
1.4 Invoicing
A. The Contractor's invoice for payment shall contain the following
information:
1. Service Agreement No. and/or Purchase Order No.
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2. Ship to: Location Name and Address
3. Ordered by: Supply Name
4. Description of Product orService
5. The Contractor shall charge Preventive Maintenance as per
pricing schedule.
6. Charges outside of Planned Maintenance Agreement must have
the following:
• Itemized list of charges for Repairs i.e., Labor, Parts/Materials -
labor will be paid for actual hours worked at the rate outlined in
the contract. Parts and materials will be paid at actual cost plus
the markup allowed by contract. Receipts are required.
• A quote must be provided and approved by on-site
Superintendent or Work Coordinator before repairs begin.
B. The Contractor shall mail the original invoice to the address below and email a
copy to .�.-�.�.-�.. _e:.�_e: (')a .an.11 F'a.: a.itI)IIeC
City of Corpus Christi
Attn: Accounts Payable - City Hall
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.5 Contractor Quality Control and Superintendence
The Contractor shall establish and maintenance a complete Quality Control
program to assure that the requirements of the Contract are provided as
specified. The Contractor will also provide supervisions of the work to ensure it
complies with the contract requirements.
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e e e e Attachment B - Pricing Schedule
Your reference: RSS LTM PM City Of Corpus Christi—WWTP 2022
Our reference: CUS112000-00-9 n 4
Date: 8/18/2022
Quotation expiry: 9/17/2022
Rotork Controls Inc.
675 Mile Crossing Blvd
City Of Corpus Christi Water Dept Rochester, NY 14624
13101 Leopard St US
Corpus Christi,TX 78410 Phone:+1585 247 2304
US Web: rn� .r.oto l<.�;o
................................................................................................
Please quote our reference on all correspondence and purchase orders.
For the attention of:
We are pleased to submit our quotation for the item(s) listed below.
This quotation is open for acceptance until midnight on the expiry date stated above and is conditional on the terms of the relevant
Rotork Conditions of Sale applying,copies of which are available on Rotork's website(www.rotork.com/en/about-
us/index/customers)or on request.
Typical payment terms are Net Monthly Account, payable within 30 days from end of month of invoicing(subject to status prior to,
and at time of delivery).Any other terms must be agreed in writing.
Estimated despatch is 20 working weeks from receipt of order subject to credit status.
COMMENTS
* Serial numbers must be provided to ensure parts quoted are correct and interchangeable with the original equipment.
* Unless otherwise stated all painted items will be supplied in our standard part finish.
ENGINEER:TBA
SERIAL NO.: B45040104, HD56610801, HD302950101, HD131590101, HD58720101, HD31509203, HD58720201, H128610104,
H128610101, H307930102 etc.
ACTUATOR DESCRIPTION: 70 IQ/IQT units
REPORTED ISSUE/ACTION REQUIRED: LTM Planned Maintenance 70 units
NOTES:
Technician to have free and clear access to site and permanent supply power to be available and ready to energize.Lifting
equipment, if required to be provided by others.lf additional site hours or parts are required, revised pricing will be submitted.
Actuator to perform as intended at conclusion of work. If additional service calls are requested for adjustments,calibration,
configuration,etc.additional charges will apply.
1. Health Check provides clients an assessment of their assets condition relative to its design specification and operational use.
•Site survey
•Asset register
o Asset database cataloguing specification of the actuator,valve and application specific information
•Asset condition assessment
o External visual inspection
o Check for leaks
o Water ingress
o Paint condition
o Status of battery
o Product lifecycle status and obsolescence
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2. Planned Maintenance(which includes Health Check)
• Intrusive inspection to confirm condition is within specification
• Routine, preventative maintenance:
o Inspect/refill oil
o Data logger and configuration benchmarking
CURRENCY
All prices are quoted in US Dollars.
QUOTATION VALIDITY PERIOD
This quotation is valid for acceptance for 60 days.
NOTE: if prices increase due to supply chain or other circumstances beyond Rotork control,
we(Rotork Controls) reserve the right to change the prices and nul and void this quote.
PRICES
The prices detailed in our quotation are NET.
PAYMENT TERMS
Payable within 30 days of invoice date. Subject to credit status at time of order and shipment.
WARRANTY
The actuators offered remain under standard warranty for a period of 12 months from commissioning or 18 months from ex-works
dispatch,whichever is soonest. However, if during this period a Rotork Service Engineer performs commissioning,extended
warranty will be included for a further 12 months from the commissioning date.
TERMS AND CONDITIONS
This quotation is conditional on the terms of the relevant Rotork Conditions of Sale applying,copies of which are available on
Rotork's website(www.rotork.com/en/about-us/index/termsandconditions)or on request. By placing an order on us,you confirm
you have read, understand and agree to these Conditions of Sale applying to the supply of goods and/or services by us.
IQTM1000 FA14 [IP68]460/3/60 4.00 5,320.73 21,282.92
IQ35 FA16 A [IP68]480/3/60
480/3/6043RPM2.00 6,850.00 13,700.00.006,850.0013,700.00
"""PIes note an dditi4na2%freight SUI-ChArvg III CppI L4LIT 1.00 699,66 699,66
totac at time of order"'I" Pease illdUde the SUI-Charge on f OUl'ILEO
LTM -Planned Maintenance Year 1 1.00 20,514.30 20,514.30
LTM -Planned Maintenance Year 2 1.00 20,571.73 20,571.73
LTM -Planned Maintenance Year 3 1.00 20,629.33 20,629.33
LTM -Planned Maintenance Year 4 1.00 20,687.09 20,687.09
LTM -Planned Maintenance Year 5 1.00 20,745.01 20,745.01
IQ Pro Main PCB screen 15.00 46.44 696.60
IQ2 MOD 6G Main PCB Unprogrammed Standard Temperature 5.00 1,206.36 6,031.80
IQ2 IQ10-18 Workshop Overhaul kit 5.00 201.96 1,009.80
IQ2 IQ20-25 Workshop Overhaul Kit 5.00 312.12 1,560.60
IQT MOD 6B Chassis& Power Module Type 3 1.00 578.88 578.88
IQT MOD 6C Motor and Power PCB Standard-AC 1.00 700.92 700.92
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IQ2 MOD 6J IQPRO Folomatic plus CPT PCB 1.00 2,107.08 2,107.08
IQ2 MOD 2F IQ10-18 F/FA10 A/Z Base Maintenance 5.00 138.24 691.20
IQ2 MOD 2F IQ20-25 F/FA14 A Base Maintenance 5.00 153.36 766.80
IQ2 MOD 1J IQ1 Piezo Assy Std-Rotork engineer setup needed 2.00 645.84 1,291.68
IQ2 MOD 1J IQ2 Piezo Assy Std-Rotork engineer setup needed 2.00 747.36 1,494.72
IQ2 MOD 1H IQ10-18-5 Resolver PCB 2.00 101.52 203.04
IQ2 MOD 1H1 IQ10-18-5 Resolver Magnet 2.00 72.36 144.72
IQ2 MOD 20H Open/Close and Local/Stop/Remote Knob Assembly 5.00 210.60 1,053.00
Parts/Materials Allowance 1.00 1.00 27,000.00 27,000.00
IQ2 MOD 20J Window Kit(WT Only) 1.00 111.24 111.24
***IPI ease note an cudditiona� 2%fireigh�t:SUI-ChArg will a ppp to the 1.00 908,84 908,34
totac at time of order"'I" Pease illd Ude the SUI-ChA rg on f OUI'ILPO
RSS Labor for additional Repairs(outside Maintenance Contract M- 200.00 181.44 36,288.00
F7:00-4:00)
USD 34,982.92
USD 184,877.54
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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
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.
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
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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 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 remove the exhibit
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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.
2021 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
02/22/2021 Risk Management - Legal Dept.
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Attachment D - Warranty Requirements
The actuators offered remain under standard warranty for a period of 12
months from commissioning or 18 months from ex-works dispatch, whichever is
soonest. However, if during this period a Rotork Service Engineer performs
commissioning, extended warranty will be included for a further 12 months
from the commissioning date.
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ATTACHMENT E
WASTEWATER CONSENT DECREE
Special Conditions
Special Project procedures are required from the CONTRACTOR as specified herein. The
CONTRACTOR shall implement and maintain these procedures at the appropriate time,
prior to and during performance of the work.
The following special conditions and requirements shall apply to the Project:
I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United
States of America and the State of Texas have entered into a Consent Decree in Civil
Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus
Christi in the United States District Court for the Southern District of Texas, Corpus
Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at
https://www®cdn.cctexas.com/sites/default/files/CC®Consent® ecree.pdf
By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree.
II. Performance of work. CONTRACTOR agrees that any work under this Contract is
conditioned upon CONTRACTOR's performance of the Work in conformity with the
terms of the Consent Decree. All Work shall be performed in accordance with the Design
Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative
Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure
that construction, management, operation and maintenance of the Sewer Collection
System complies with the Clean Water Act. Work performed pursuant to this contract
is work that the City is required to perform pursuant to the terms of the Consent Decree.
In the event of any conflict between the terms and provisions of this Consent Decree
and any other terms and provisions of this Contract or the Contract Documents, the terms
and provisions of this Consent Decree shall prevail.
III. Retention of documents — CONTRACTOR shall retain and preserve all non-
identical copies of all documents, reports, research, analytical or other data, records or other
information of any kind or character (including documents, records, or other information
in electronic form) in its or its sub-contractors' or agents' possession or control, or that
come into its or its sub-contractors' or agents' possession or control, and that relate in
any manner to this contract, or the performance of any work described in this contract
(the "Information"). This retention requirement shall apply regardless of any contrary
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city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's
sub-contractors and agents shall retain and shall not destroy any of the Information until
five years after the termination of the Consent Decree and with prior written authorization
from the City Attorney. CONTRACTOR shall provide the City with copies of any
documents, reports, analytical data, or other information required to be maintained at any
time upon request from the City.
IV. Liability for stipulated penalties — Article IX of the Consent Decree provides
that the United States of America, the United States Environmental Protection Agency
and the State of Texas may assess stipulated penalties including interest against the City
upon the occurrence of certain events. To the extent that CONTRACTOR or
CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the
assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall
pay to City the full amount of any stipulated penalty assessed against and paid by City that
is caused or contributed to in whole or in part by any action, failure to act, or failure to act
within the time required by any provision of this contract. CONTRACTOR shall also pay
to City all costs, attorney fees, expert witness fees and all other fees and expenses
incurred by City in connection with the assessment or payment of any such stipulated
penalties, or in contesting the assessment or payment of any such stipulated penalties.
In addition to any and all other remedies to which City may be entitled at law or in
equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed
and paid as stipulated penalties, and all associated costs, fees, or expenses from any
amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage
provided in the contract.