HomeMy WebLinkAboutC2023-082 - 5/23/2023 - Approved DocuSign Envelope ID:CE57512F-2817-429D-9E40-F74F9DFFC25B
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SERVICE AGREEMENT NO. 179155
Broadway Wastewater Treatment Plant SCADA Upgrade
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THIS Broadway Wastewater Treatment Plant SCADA Upgrade Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and ANDRITZ Separation Inc. ("Contractor'),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Broadway Wastewater Treatment Plant
SCADA Upgrade in response to Request for Bid/Proposal No. SS ("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 Broadway Wastewater Treatment Plant SCADA
Upgrade ("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 eight 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
$1 1 1 ,371 .00, 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:
David Lopez
Information Technology
Phone: 361-826-1935
Email: davidl4@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. 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: David Lopez
IT SCADA Manager
1201 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-1935
Fax: 361-826-4342
IF TO CONTRACTOR:
ANDRITZ Separation Inc.
Attn: Bradley Wood
Regional Sales Manager
1010 Commercial Blvd., South, Arlington, TX 76001
Phone: 817-465-5611
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Fax: 817-468-3961
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.
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DocuSign Envelope ID:CE57512F-2817-429D-9E40-F74F9DFFC25B
CONTRACTOR
DocuSigned by;
Signature: j
QC8ES13DADAE4CA...
Printed Name. Robert King
Title: VP OPERATIONS Res.033058 Authorized By
Date: 3/21/2023
Council 5/23/2023
DS
CITY OF CORPUS CHRISTI
DocuSigned by:
OS ronfey
Assistant Director of Finance - Procurement ATTEST:
DocuSigned by:
Date: 5/24/2023 � � '
Rebecca 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. SS
Exhibit 2: Contractor's Bid/Proposal Response
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✓�S C
ATTACHMENT A: SCOPE OF WORK
PROJECT NAME: Centrifuge Control System Upgrade
PROJECT ADDRESSES: 801 Resaca Street
Scope of Work
A. Contractor will upgrade the existing city's centrifuge control systems with the
following:
1 . PLC - Rockwell CompactLogix 5380 PLC system - See Major Material for Detail
2. OIT - Rockwell PanelView Plus 7, 12" performance, touchscreen unit with the
capability to control any of the three centrifuges from the other unit in the event
of an OIT failure. - See Major Material for Detail
B. Contractorwill upgrade to match the city's planned SCADA system upgrade to the
Rockwell Studio 5000 Platform
C. Contractor will provide tag list for the city's monitoring from SCADA system.
D. Contractor will provide an on-site service technician for removal of obsolete
equipment and installation of new components and reconnection. Start-up of
complete system and training on new system components is also included.
1 . PLC/OIT: Three (3) days per each centrifuge and three (3) trips are allocated.
2. Additional one (1 ) day each centrifuge for wiring and hardwiring VFD option.
E. Contractor will provide engineering services including:
1 . Electrical drawings
2. Updated control panel layout, schematics, point to point wiring detail.
3. Bill of Material of new components
4. As Built annotated PLC code provided to the city.
5. PLC data exchange table tag list.
6. As Built OIT application code provided to the city
7. As Built VFD Parameter settings provided to the city
8. Operating and maintenance manuals for new components.
9. All documentation and programs to be provided in electronic format
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DocuSign Envelope ID:CE57512F-2817-429D-9E40-F74F9DFFC25B
F. Major Material
1 . PLC and OIT Replacement:
a. Rockwell 5069-L306ER CPU with associated 1/0 and Ethernet communication
b. AB PanelView Plus, 2711 P, 12" Color Touchscreen, with Ethernet
communication
c. MOXA EDS-208 Ethernet Switch
d. AB DC power supply
e. SqD Altivar 71 VFD Ethernet/IP communication module (X2)
f. Hoffman or equal Enclosure Heater for Centrifuge Operator Panels
2. Spare Parts (1 each of the following)
a. 5069-L306ER CPU
b. 5069-IA 16 Digital Input
c. 5069-OAl6 Digital Output
d. 5069-IF8 Analog Input
e. 5069-OF4 Analog Output
f. AB 1606-XLE, DC power supply
g. SqD Altivar 71 Ethernet/IP communication module
City Point of Contact:
David Lopez, IT SCADA Manager
City of Corpus Christi Information Technology
Office 361-826-1935
Contractor Point of Contact:
Bradley Wood
Regional Sales Manager
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0:(817) 465-5611
M:(817) 233-7296
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DocuSign Envelope ID: CE57512F-2817-429D-9E40-F74F9DFFC25B
Attachment B: Bid/Pricing Schedule AW wii�ilim
QUOTATION
Customer: 187288 Supplier: Andritz Separation Inc.
City of Corpus Christi Contact: Celeste Wilson
Broadway Treatment Plant Phone: +1 817 419 1702
801 Resaca Street Fax: +18174191902
CORPUS CHRISTI TX 78401-1300 E-mail: celeste.wilson@andritz.com
Contact: David Lopez Date: 02/09/2023
Fax:
Copy to: Sales WOOD, BRADLEY
Your inquiry: null Responsible:
Our quote no: 20940712
Dear David Lopez,
We thank you for your inquiry and are pleased to quote as follows:
1. Scope of supply
For 400261662 D-Type Decanter
Model: Decanter D6LX
Serial number: 131964025
Should you choose to place an order, please provide the following information:
1. Shipping Address for Delivery
2. Billing Address for Invoice
3. Shipping Terms: If a specific carrier is preferred, please list as FCA, Origin Collect with preferred carrier.
Otherwise, list as FCA, Origin Prepaid &Add.
4. Reference this quote number.
Freight is included.
Installation is included.
Please note currency is in US Dollars
Andritz Inc Standard Terms &Conditions apply
Returned goods require pre approval and are subject to restocking and inspection fees.
Item Product ID No. S/W* Quantity Unit Unit Price Amount
10 Centrifuge PLC/OIT upgrade 129999901 1 PC 101,779.00 101,779.00
Per scope description
All 3 units
20 Centrifuge Upgrade Spare Parts 129999901 1 PC 9,592.00 9,592.00
Page 1 of 2
ANDRITZ Separation Inc. Remit to: Wire instructions:
1010 Commercial Blvd.South ANDRITZ Separation Inc. Nordea Bank Abp
Arlington,TX 76001 USA Dept:0312 New York Branch
P.O.Box 120312 SWIFT:NDEAUS3N
Tel:+1(817)465-5611 Dallas,TX 75312-0312 Account:8879433001
Fax:+1 (817)468-3961 Federal Tax ID Number:59-3773483 ABA:026010786
DocuSign Envelope ID: CE57512F-2817-429D-9E40-F74F9DFFC25B
AWMI� 111111111M
Our quote no: 20940712
Item Product ID No. SM* Quantity Unit Unit Price Amount
Per scope description
All 3 units
Total Amount USD 111,371.00
S=Spare Parts,W=Wear Parts
Technical contact: Jeff Congleton/Phone: +1 817 419 1753/jeff.congleton@andritz.com
Terms and Conditions
2 . Delivery Time:
after receipt of order and any clarifications.
Submittals 8 weeks After Acknowledgement of PO
Equipment 16-24 weeks After Acknowledgement of PO
3 . Terms of delivery:
Our terms of delivery are FCA ORIGIN PREPAID, according to INCOTERMS 2020.
4 . Terms of Payment:
Within 30 days Due net
(11% default interest per monthfor delayed payment).
5 . Validity of quotation:
This quotation is valid to 03/17/2023.
Page 2 of 2
ANDRITZ Separation Inc. Remit to: Wire instructions:
1010 Commercial Blvd.South ANDRITZ Separation Inc. Nordea Bank Abp
Arlington,TX 76001 USA Dept:0312 New York Branch
P.O.Box 120312 SWIFT:NDEAUS3N
Tel:+1(817)465-5611 Dallas,TX 75312-0312 Account:8879433001
Fax:+1 (81 7)468-3961 Federal Tax ID Number:59-3773483 ABA:026010786
DocuSign Envelope ID:CE57512F-2817-429D-9E40-F74F9DFFC25B
Attachment C: Insurance and Bond Requirements
A. CONTRACTOR'S LIABILITY INSURANCE
1 . 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.
2. 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 $1 ,000,000 Per Occurrence
Including:
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
3. 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.
B. ADDITIONAL REQUIREMENTS
1 . 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.
2. 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.
3. 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
4. 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.
5. 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.
6. 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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DocuSign Envelope ID:CE57512F-2817-429D-9E40-F74F9DFFC25B
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
7. 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.
8. 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.
9. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2022 Insurance Requirements
Ins. Req. Exhibit
Contracts for General Services - Services Performed Onsite
12/14/2022 Risk Management - Legal Dept.
Bond is not required for this service agreement.
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Attachment D: Warranty Requirements
No warranty is required for this service agreement.
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