HomeMy WebLinkAboutC2025-030 - 3/25/2025 - Approved SC
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SERVICE AGREEMENT NO. 6207
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KSB Pump and Motor Repairs for CCW
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THIS KSB Pump and Motor Repairs for CCW Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Pump Solutions, Inc. ("Contractor"), effective upon execution
by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide KSB Pump and Motor Repairs for CCW in
response to Request for Bid/Proposal No. 6207 ("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 KSB Pump and Motor Repairs for CCW ("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 one year 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 two
additional one-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
$190,850.00, subject to approved extensions and changes. Payment will be made
for Services provided and accepted by the City within 30 days of acceptance,
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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: Amanda Howard
Department: Corpus Christi Water
Phone: (361 ) 826-1894
Email: AmandaC@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
t 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
I
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: Amanda Howard
Title: Contracts/Funds Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361) 826-1894
Fax: (361) 826-4495
IF TO CONTRACTOR:
Pump Solutions, Inc.
Attn: Phil Korenek
Title: President
Address: 18594 US Hwy 59, New Caney, Texas 77357
Phone: 281-399-9400
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 K►ND
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]
Service Agreement Standard Form-Consent Decree Page 7 of 8
Approved as to Legal Form October 29, 2021
CONTRACTOR
Signature:
Printed Name: Phil KOrenek
-Title: President
Date: 01/22/2025 M2025-030 �,u_ 11Cri7.,ed ("J"w
COL11-lCit 3/25/2025
CITY OF CORPUS CHRISTI ��
ei-aio ylUzana
Sergio Vi asana(Mar 31,2025 17:40 CDT)
Sergio Villasana
Director of Finance & Procurement
Date: 03/31 /2025
Attached and Incorporated by Reference: ATTEST:
Attachment A: Scope of Work R,4eT,-� Hu,&rt�
Attachment B: Bid/Pricing Schedule Rebecca Huerta(Apr 1,2025 10:45 CDT)
Attachment C: Insurance and Bond Requirements Rebecca Huerta
Attachment D: Warranty Requirements City Secretary
Attachment E: Consent Decree Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 6207 APPROVED AS TO LEGAL FORM:
Exhibit 2: Contractor's Bid/Proposal Response LLs61 AgUdar 03/31/2025
Lisa Aguilar(M 31,2025 14:29 CDT)
Assistant City Attorney Date
Page 8 of 8
Service Agreement Standard Form-Consent Decree
Approved as to Legal Form October 29, 2021
ATTACHMENT A: SCOPE OF WORK
1.1 General Requirements/Background Information
The Contractor shall provide pump and motor repairs and sales for all KSB brand
pumps/motors at the wastewater lift stations and wastewater treatment plants for the
Corpus Christi Water (CCW).
1.2 Scope of Work
A. Repairs
a. CCW's pump inventory, outlined in Section 4.3, consists of approximately 14 KSB
pump/motor units. This number is subject to change with future updates and
new installations.
b. The Contractor's work performance for pump and motor repair will include, but
is not limited to, disassembly, repair, and remanufacturing on centrifugal and
submersible pumps and motors.
c. Typical repairs may include, but are not limited to shaft sleeves, impeller,
bearings, seals, wearing rings, shafts, gaskets, housing repair/replacement, o-
rings, varnish, stator repair, packing stuffing box, blast clean, repaint,
reassembly, check tolerances, re-oil and/or grease, testing.
d. The Contractor shall be responsible for transport of the equipment to the
Contractor's shop and for delivery of the equipment to CCW after work is
complete.
e. The Contractor shall provide a repair estimate/quote for each repair, to include
any noted problems, special conditions, inspection results,
conclusion/recommendations, within 5-15 business days after receipt of
equipment.
f. The repair estimate/quote shall be submitted electronically in PDF format via
email and itemized as follows:
1 . Estimated repair time, to include delay time for parts/materials. If repair time
is expected to exceed 20 business days, the Contractor must define the
completion time and outline the reason for delay.
2. Shipping costs for parts/materials
3. Costs to expedite parts/materials, if requested and approved by a CCW
representative.
4. List of parts/components to be replaced
5. Parts/materials mark-up
6. Hourly labor costs, to include Straight Time and Overtime (if approved)
Revised 1 1.30.20
Page 1 of 4
7. Equipment replacement cost and lead time for new equipment
g. Repairs shall be completed within 10-20 business days of purchase order (PO)
release. A PO number will be submitted to the Contractor via email or phone.
The Contractor shall notify CCW if repairs will exceed 20 business days.
h. All parts shall be equivalent to or better than original equipment manufacturer
(OEM) standards. Parts shall be included in the Contractor's warranty period, or
manufacturer's warranty. Parts replaced under the Contractor's or
manufacturer's warranty will be replaced at no cost for labor or parts.
i. The Contractor shall make a reasonable attempt to obtain parts at the lowest
possible price.
j. All repairs shall be in accordance with current pump and/or motor nameplate
data and conditions, drawings, standards and/or OEM specification(s).
k. General machine work and/or repair shall consist of, but is not limited to,
balancing, welding, straightening, grinding, custom part manufacturing, shaft
rebuilding and fabrication, sandblasting, and coating of pump/motor.
I. After repairs, the pump and/or motor unit shall be repainted to manufacturer's
recommendation and specifications, in a color approved by the CCW point of
contact.
m. Authorization for work will be sent by CCW Work Coordinator(s) or Utilities
Systems Manager to Contractor via email or phone.
n. Overtime hours must be authorized in writing by a CCW representative.
o. The Contractor shall provide a one-year warranty for workmanship and
parts/materials.
B. Preventative Maintenance and Inspection
a. Using a prioritized list provided by CCW, the Contractor shall provide on-site
preventative maintenance and evaluation services of pumps, valves, piping,
electrical service, and control equipment using the manufacturer's PM Service
Checklist.
b. CCW shall remove the pump from and return the pump to service if the results
of the evaluation allow it.
c. Should the evaluation reveal a deficiency that will require further repair, the
Contractor and CCW shall follow the procedures described in Section 4.2.13 -
Repairs.
d. The results of the evaluation shall be returned to CCW within 3 business days.
e. Wear items, seals, O-rings, fluids, and any other parts that must be replaced due
to the inspection process are the responsibility of the Contractor.
C. Sales / Purchase
Revised 11.30.20
Page 2 of 4
a. After a cost analysis of the repair estimate/quote and the replacement cost,
CCW may elect to purchase a new pump/motor unit.
b. The Contractor shall affix a name plate on all new pump/motor unit(s). Name
plate data shall include model and serial number, manufacturer, GPM/Head,
HP, impeller diameter, RPM, discharge size, and voltage.
D. Other Requirements
a. The Contractor's facilities may be subject to inspection at any time by a CCW
representative. When deemed appropriate, CCW reserves the right to use third
party inspection services, at CCW's expense.
b. CCW reserves the right to inspect pump and/or motor at any time during the
repair.
c. The Contractor must be able to provide technical support and on-site training
as may be required by CCW.
d. CCW reserves the right to audit Contractor's project costs at any time during
the contract term.
e. CCW's equipment in the Contractor's possession must be properly stored and
secured at all times.
f. Where applicable, loading / unloading of equipment must be done by
Contractor's personnel.
1.3 Work Site and Quantities
Lift Station Name Address # of Pumps HP
Everhart/Staples 780 Everhart Rd. 2 148
McBride 1200 McBride Ln. 4 100
Plant Name Address # of Pumps HP
Oso WWTP 601 Nile Dr. 7 174
1.4 Special Instructions
The Contractor's invoice for payment must contain the following information:
1 . Purchase Order (PO) No.
2. Location and Address
3. Model and serial number of equipment
4. Description of service
Revised 1 1.30.20
Page 3 of 4
5. Bill of materials
6. The Contractor will be required to attach copies of all invoices for parts/materials
(for verification of mark-up %)
7. Total hours billed, itemized by position and hourly rate
8. Shipping costs
9. Authorizing CCW representative
1.5 Contractor Quality Control and Superintendence
A. The Contractor shall establish and maintain a complete Quality Control Program
to assure that the requirements of the contract are provided as specified. The
Contractor will also provide supervision of the work to ensure it complies with the
contract requirements.
B. The Contractor shall quality inspect pump and motor repairs prior to returning to
CCW.
Revised 1 1.30.20
Page 4 of 4
ATTACHMENT B: BID/PRICING SCHEDULE
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� CITY OF CORPUS CHRISTI
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0 CONTRACTS AND PROCUREMENT
U BID FORM
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1852 RFB No. 6207
KSB Pump and Motor Repairs for CCW
Date: Z
Authorized
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Bidder: P�,Ji%,\ ��.v�i 1 ii(J'� {J& Signature: `tom lt:& �5i+k1��
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
Item Description Unit 1-Year Unit Price Total Price
Qty
1 Labor - Shop Mechanic (ST) HR 150 $ 2���� ������ $
M-F 8:OOAM - 5:OOPM L
2 Labor - Field Tech (ST) HR 30 l
M-F 8:OOAM - 5:OOPM $ �� �f! ��r` $ C'
Estimated -Markr"% Estimated Spend +
Spend ��`'``,,�,�; Mark Up
3 Parts/Materials EA $150,000.00 /C� % $ 1 �j C��lLj
Shipping & Transportation EA $20,000.00 $20,000.00
4 Allowance
Grand Total $
Page 1 of 1
ATTACHMENT C: INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance
required herein has been obtained and approved by the City's Risk Manager or
designee. Contractor must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been so obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator, one
(1) copy of Certificates of Insurance with applicable policy endorsements showing
the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. The City must be listed as an additional insured for 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
AUTOMOBILE LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired & Non-owned
3. Rented & Leased
WORKERS' COMPENSATION Statutory
Employer's Liability $500,000/ $500,000 / $500,000
WORKERS' COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
PROPERTY COVERAGE $250,000 Per Occurrence
*Must Provide Coverage for City of Corpus
Christi Property While in Care, Custody or
Control.
MOTOR TRUCK CARGO (or) $250,000 Combined Single Limit
RIP TRANSIT
*Must Provide Coverage for City of Corpus
Christi Property While in Transport.
Page 1 of 3
C. In the event of accidents of any kind related to this project, Consultant must furnish the
Risk Manager with copies of all reports of such accidents within 10 days of the accident.
II. Additional Requirements -
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverageprovided must be in an amount sufficient to
assure that all workers' compensation obligations incurred by the Contractor will be
promptly met. An All States endorsement shall be required if consultant is not domiciled in
the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and admitted
to do business in the State of Texas and with an A.M. Best's rating of no less than A-
VII.
C. Contractor shall be required to submit replacement Certificate of Insurance to City
at the address provided below within 10 days of any change made by the
Contractor or as requested by the City. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Exhibit shall be given to City at
the following address:
City of Corpus Christi
Attn: Risk Management
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 30 calendar days advance written notice directly to City of any
Page 2 of 3
cancellation, non-renewal, material change or termination in coverage and not
less than ten calendar days advance written notice for nonpayment of
premium.
2. Within five 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.
3. 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 the Consultant hereunder until Contractor demonstrates
compliance with the requirements hereof.
4. 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.
5. 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.
6. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
Bond Requirements:
No bond requirements, therefore, Agreement Section 5 Insurance; Bond subsection
5(B), is hereby void.
2024 Insurance Requirements Exhibit
Contracts for General Services -Services Performed Onsite- Offsite - Motor Truck
Cargo- Property Coverage
10/03/2024 Risk Management - Legal Dept.
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ATTACHMENT D: WARRANTY PAGE
The Contractor shall provide a one-year warranty for workmanship and parts/materials.
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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-Decree.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.
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