HomeMy WebLinkAboutC2025-108 - 6/17/2025 - Approved s ct�.
SERVICE AGREEMENT NO. 6445
Cummins Generator Preventative Maintenance and
BNB POHPt O
1852 Repairs
THIS Cummins Generator Preventative Maintenance and Repairs Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Cummins Southern Plains, LLC dba Cummins
Sales and Service ("Contractor''), effective upon execution by the City Manager or the
City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Cummins Generator Preventative
Maintenance and Repairs in response to Request for Bid/Proposal No. SS-6445
("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 Cummins Generator Preventative 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 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.
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3. Compensation and Payment. This Agreement is for an amount not to exceed
$144,880.39, subject to approved extensions and changes. Payment will be made
for Services provided 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:
Amanda Howard - Contract Funds Administrator
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
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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: Amanda Howard - Contract Funds Administrator
Corpus Christi Water
2726 Holly Road, Corpus Christi, Texas 78415
Phone: 361-826-1894
Fax: 361-826-4495
IF TO CONTRACTOR:
Cummins Southern Plains, LLC dba Cummins Sales and Service
Attn: Robert J. Walkup, Jr.
PEM Territory Manager
1058 Southern Minerals Road, Corpus Christi, Texas 78409
Phone: 210-394-5610
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Fax: n/a
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(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
Rr��t'YVaG�
Signature: Robert Walkup(Jun 10,2025 0:46 CDT)
Printed Name: Robert Walkup
Title: PEM Territory Manager
Date: 06/10/2025 Res.033666 nuticri e�i
COLHIcil 6/17/2025
--EZsg
CITY OF CORPUS CHRISTI RHSB
Sergio V4fasana(Jun 25,2025 08:31 CDT)
Sergio Villasana
Director, Finance & Procurement
Date: 06/25/2025 ATTEST:
Rebecca 1f"eita
Attached and Incorporated by Reference: Rebecca Huerta(Jun 25,2025 08:57 CDT)
Attachment A: Scope of Work Rebecca Huerta
Attachment B: Bid/Pricing Schedule City Secretary
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Consent Decree Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. SS-6445
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form-Consent Decree Page 8 of 8
Approved as to Legal Form October 29, 2021
Attachment A: Scope of Work
A. General Reguirements/Background Information
1 . The Contractor shall provide generator preventative maintenance
on an annual basis and repairs on an as-needed basis.
2. The Contractor shall provide services to ten Cummins generators
located at the locations below (section 1 .9).
3. The Contractor shall be responsible for furnishing labor, supervision,
tools, materials, and all equipment necessary to perform
preventative maintenance and repair services in accordance with
all terms, conditions, and schedules of this scope of work.
4. The Contractor shall provide emergency and non-emergency
generator repairs. The Contractor technician shall be available 24
hours, seven days a week for emergency services.
5. The Contractor shall provide a preferential response for any
emergency services requested by the City over non-agreement
customers.
6. Authorization for work performed outside of the specified time
(overtime) must be obtained from a City supervisor before starting
work.
7. All work performed under this contract must be performed in
accordance with all applicable codes and standards.
B. Preventative Maintenance
1 . The Contractor shall perform preventative maintenance services on
an annual basis. The City must provide a schedule for preventative
maintenance.
2. Preventative maintenance must be performed Monday through
Friday, from 8:00 AM to 3:00 PM. The Contractor shall check in and
check out with the on-site CCW Work Coordinator before and after
all authorized work is performed.
3. The preventative maintenance services shall include, at a minimum,
the following tasks outlined below. This list is not intended to be all-
inclusive for each generator. The Contractor shall also comply with
the specific recommendations of the Original Equipment
Manufacturer (OEM) recommendation for the preventative
maintenance and for all parts/materials/fluid requirements:
a. Check and test all safety devices.
b. Check the engine coolant and replace it as required.
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c. Check for fault /codes and correct deficiencies.
d. Adjust the fuel regulator (if applicable).
e. Inspect fuel system, air intake, and exhaust systems.
f. Inspect oil for contamination and, if necessary, perform metal wear
analysis.
g. Test and inspect battery charging cable and connections.
h. Perform fuel analysis, if necessary (diesel fuel generator).
i. Remove and replace lubricating oil and filters.
j. Remove and replace the fuel filter and air filter, as required.
k. Remove and replace sparkplugs, as required.
I. Manually start the generator.
m. Verify the voltage and frequency output.
n. Adjust engine speed as required.
o. Supply load test equipment and perform load test as per the
requirement of a generator or informed by the CCW Work
Coordinator.
p. Transfer Switches
i. Inspect and clean each drive.
ii. Lubricate moving parts and contact surfaces.
iii. Inspect and ensure all connections are tight and meet required
and/or recommended torque specifications.
iv. Perform power transfers to ensure proper operation.
q. Dispose of any used parts and fluid in accordance with current EPA
and/or TCEQ rules and regulations.
r. Provide a written report after each inspection or repair call detailing any
conditions found and advising if further service will be required.
1 . The Contractor shall perform repair and/or replacement parts
identified during preventative maintenance. Preventative repairs
shall be made to prevent an unscheduled generator breakdown
and to ensure continued normal operation of generator.
Replacement of parts shall be made to extend the useful life of the
generator.
2. Once necessary repair and/or replacement of parts are identified,
the Contractor shall provide not to exceed estimate inclusive of labor
and parts/material cost to the onsite CCW Work Coordinator for
approval.
3. The Contractor shall completely document all repairs. A copy of each
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preventative maintenance service and repair report shall be provided
to on-site personnel at the time of completion and shall provide the
following information:
a. Service Address
b. Model and serial number of equipment repaired
c. Description of the repairs
d. Itemized list of replacement parts/materials
e. Start time, end time and total hours worked
f. Name of authorizing City personnel
C. Repair Service
1 . The onsite CCW will use prudent judgment to define emergency or
non-emergency. Call back includes emergency or non-emergency
repair services. The CCW Work Coordinator' s decision shall
remain final, and the Contractor shall act accordingly.
2. The Contractor will receive emergency repair requests via
telephone and must call back within 15 minutes of call being
placed by the CCW Work Coordinator. During emergency, the
Contractor shall reach on site within two-hour response time.
3. During non-emergency, the Contractor shall be available at the site
within three- hour response time.
4. In the event of adverse weather i.e., hurricane, storm, tornado etc.,
the Contractor shall be available after the post weather event.
5. The Contractor shall identify the repair required and provide the
onsite CCW Work Coordinator a written estimate of the time and
parts/materials required for the repair and must obtain authorization
prior to performing the repair.
6. The Contractor shall complete repairs within 24 hours of arrival on
site. The Contractor will communicate to onsite CCW Work
Coordinator
7. any conditions that may delay work being completed within 24-
hour period.
8. In case of emergency or adverse weather, the city reserves the right
to use another contractor, if the Contractor response times are non-
compliant.
9. If the Contractor is required to leave the premises to obtain
parts/materials, onsite CCW Work Coordinator must be notified.
Page 3 of 5
D. Parts and Warranty
1 . The Contractor shall make repairs using new and unused Original
Equipment Manufacturer (OEM) parts.
2. The Contractor shall provide one-year warranty on repairs and one-
year warranty or manufacturer warranty on OEM parts.
3. Warranty repairs shall be corrected in a timely manner upon
notification. If the Contractor, after notice, fails to proceed
promptly, the City may have the defects corrected by a third party,
and the Contractor shall be liable for all expenses incurred. Such
action shall not relieve the Contractor of further warranty liabilities.
4. The Contractor will be responsible for submitting warranty claims to
the manufacturer.
E. Service Personnel
1 . The Contractor shall employ sufficient full-time service personnel to
perform services outlined in this contract. The Contractor's service
technician must be trained, experienced and qualified to perform
services outlined in this scope of work.
2. The Contractor shall provide proper Personnel Protective Equipment
(PPE) for their employees performing the work as required by OSHA and
any other Federal, State, or Local codes, Laws, and Regulations.
3. The Contractor's technician shall check in with the on-site CCW Work
Coordinator prior to commencing work and check out after
completing the work. This requirement applies to regular
maintenance and call-back repairs.
F. Invoicinq
1 . Invoice pricing shall reflect pricing as shown in the Contract.
2. All invoices shall provide detailed information, including:
a. Service Agreement n u m b e r and or Purchase Order number
b. Service Address
c. Model and Serial number of equipment
d. Description of type of service (PM or Repair)
e. Itemized list of charges
f. Name of authorizing CCW Work Coordinator
G. Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality
Control Program acceptable to the Contract Administrator to
assure that the contract's requirements are met as specified. The
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Contractor will also supervise the work to ensure it complies with
the contract requirements.
H. Safe
The Contractor shall ensure that all work is performed safely and
shall provide all necessary equipment and barriers to protect the
work site, workers, city employees, city vehicles, and property.
I. Work Site Locations
GENERATOR GENERATOR ENGINE ENGINE
LOCATION ADDRESS MODEL# SERIAL# MODEL# SERIAL # ATS/Model # Kva
Woodriver 4601 Spring Cummins - Cummins - EATON - atc
L.S. Creek Dr. DFEG-6254688 A080151167 QSX15-G9 79284804 600 437.5
Laguna Cummins - Cummins - ASCO -
Madre 201 Jester DQPAB- L150901852 QSK19-G8 37266956 1325094 812.5
W WTP 1529208
Cummins - Cutler
Cimarron Cimarron LS Cim QSB5-G3-NR3 DSFAE- 1100159146 Cummins - 73132871 Hammer- atc 100
C 5782087 1 1 1 1 600
4412 ASCO - 7000
Cummins / Cummins/
Sharpsburg Sharpsburg DFEJ1716425 C170169476 QSX15-G9 79970180 SERIES - 562.5
Rd 1597421 RE
CUMMINGS -
North Beach 3002 Timon Cummins 190473333 QSB5-G6 NR3 74430874 OTECD - 156.2
B /C125 D6C 1878990 -
J18M442360
CUMMINGS -
Port/Pearce 2306 Cummins J180443996 QSX15-G9 80113966 OTECD - 562.5
Pearce St. /DFEJ-1831226 1878991 -
J 18M438146
13409 Cummins -
Whitecap Whitecap DQFAC- G170215059 QST30-G5 37271888 ASCO - 7000 - 1125
WWTP Blvd. 1748207 NR2 156156WE
Broadway 801 Cummins Cummins -
WWTP Resaca DQKAB- J110266097 QSK60-G6 33188170 NA 2500
7889872
OSO Cummings
Cummins 601 Nile (Onan) - D120326462 QST30-G5NR2 37253755 NA 1000
Generator 1 DQFAB120066
7
OSO Cummings
Cummins 601 Nile (Onan) - 1040697738 QST30-G2 100376306 NA 1000
Generator 2 DFHB5691276
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ATTACHMENT B-BID/PRICING SCHEDULE
CITY OF CORPUS CHRISTI
BID FORM
Item # Description/Location Unit 1-Year Unit Price Total Price
Qty
Preventative Maintenance—ATS inspection—Load Bank (1.9 work site locations)
1 Wood River Lift Station EA 1 2,351.21
2 Laguna Madre WWTP EA 1 3,549.49
3 Cimarron Lift Station EA 1 1,872.75
4 Sharpsburg Lift Station EA 1 2,847.09
5 North Beach "B" Lift Station EA 1 1,920.99
6 Port and Pearse Lift Station EA 1 2,883.84
7 Whitecap WWTP EA 1 4,725.47
8 Broadway WWTP EA 1 7,973.11
9 Oso WWTP#1 EA 1 4,215.72
10 Oso WWTP#2 EA 1 4,215.72
Parts/ Materials Estimated
11 Parts/Materials EA $70,000 $70,000
12 Travel Allowance EA $5,000 $5,000
13 Misc—(Freight, Road Mileage) EA $5,000 $5,000
Labor
14 Repairs—Technician
M-F 8:00—5:00 HR 100 $223.30 $22,330
15 After Hours, Holiday, Weekends—
Repairs—Technician HR 25 $239.80 $ 5,995
M-F 8:00—5:00
TOTAL $ 144,880.39
Page 1 of 2
COMPANY: Cummins Southern Plains LLC
NAME OF PERSON AUTHORIZED TO SIGN: Robert. Walkup
ADDRESS: 1058 Southern Minerals Rd CITY/STATE: Corpus Christi, TX
PHONE: 210.394.5610 EMAIL: P0031@cummins.com
FAX: NA DATE: 03.05.2025
/ TITLE: PEM Territory
SIGNATURE: A,�"t- . W W�/ Manager
THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL BIDS. TO WAIVE ANY
INFORMALITIES OR IRREGULARITIES IN THE BIDS RECEIVED AND TO CANCEL OR POSTPONE THIS
PROJECT UNTIL A LATER DATE.
Page 2 of 2
ATTACHMENT B-1: TRAVEL POLICY
OUT OF TOWN TRAVEL FOR CONTRACTORS
Reimbursement for Contractors that have contracts with the City that contain travel reimbursement,
must comply with this policy unless otherwise noted in their contract.
I. Transportation:
Mileage Reimbursement:
For a Contractor to receive mileage reimbursement, the Contractor must meet the following criteria:
• Have a valid Driver's License for the class of vehicle driven;
• Maintain current proof of minimum liability insurance coverage as required by the State of Texas.
• Maintain the vehicle in compliance with applicable state laws.
When traveling by vehicle, reimbursement will be made for self-parking only.
Contractors are responsible for accurately reporting mileage for reimbursement.
Failure to provide accurate and complete information will be considered non-reimbursable.
Car Rental:
In the event that a Contractor must utilize a rental car for business travel, a small to mid-size car
should be requested at the most economical rate to the City.
Airfare:
The Contractor should reserve the lowest priced domestic coach class airfare at time of booking in
orderto keep costs to the City down to a minimum.
Reservations should be made as early as possible in order to minimize cost to the City.
Luggage fees are reimbursable, but upgrades and preferred seating charges are not unless due to
extraordinary circumstances and subsequently approved by the Department Director.
Dues for airport or airline frequent flyer programs are not reimbursable.
II.Lodging and Meals:
Overnight Travel for Meals and Hotel Expenses:
Expenses for meals and all tips involving overnight travel will be paid on a per diem basis based on
meal charges recommended by the federal per diem rate.
Destination cities that are not listed will be reimbursed at the standard continental United States
(CON US) per diem rate. The rates can be accessed at www.gsa.gov.
When a Contractor travels only part of the day, the federal per diem rate may not be claimed for the
entire day. The following times should be considered when requesting meal reimbursement for partial
days:
Departure Time Returning Time
Before 8am Before 12pm Breakfast
By 12pm 12pm - 5pm Lunch
By 5pm After 5pm Dinner
Contractors are expected to use good judgment in minimizing such cost to the City.
If a Contractor incurs costs for Internet connections and/or other business-related costs while on City
business, City will reimburse with receipts.
III.Non-Allowable Expenses:
The cost of alcoholic beverages, laundry/dry cleaning, in-room movies, tours, personal entertainment,
limousines, expenses related to a personally owned vehicle, parking and traffic violations, lost
baggage, and spouse or other family expenses are specifically excluded from reimbursement except
when approved by the City Manager as "extraordinary expenses".
All reimbursements MUST be submitted in writing with required receipts attached.
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.
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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
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.
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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
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.
No bond is required for this agreement.
2024 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services - Services Performed Onsite
05/10/2024 Risk Management - Legal Dept.
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Attachment D: Warranty Requirements
1 . The Contractor must provide a one-year warranty on repairs.
2. The Contractor must provide a one-year warranty or manufacturer's
warranty on OEM parts.
3. The Contractor shall warranty City approved equivalent parts for 90 days.
4. Warranty repairs must be corrected in a timely manner upon notification. If
the Contractor fails to proceed promptly, the City may have the defects
corrected by a third party, and the Contractor shall be liable for all
expenses incurred. Such action will not relieve the Contractor of further
warranty liabilities.
5. The Contractor will be responsible for submitting warranty claims to the
manufacturer.
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Attachment E
WASTEWATER CONSENT DECREE
Special Conditions
Special Project procedures are required from the CONSULTANT as specified herein.
The CONSULTANT 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
htti)s://www-cdn.cctexas.com/sites/default/files/CC-Consent-Decree.r)df
By signature of the Contract, CONSULTANT acknowledges receipt of the Consent
Decree.
II. Performance of work. CONSULTANT agrees that any work under this Contract is
conditioned upon CONSULTANT'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 — CONSULTANT 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
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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 city, corporate or institutional policy or procedure. CONSULTANT,
CONSULTANT'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. CONSULTANT 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 CONSULTANT or
CONSULTANT's agents or sub-contractors cause or contribute to, in whole or in part, the
assessment of any stipulated penalty against the City, CONSULTANT 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. CONSULTANT 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, CONSULTANT 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 CONSULTANT under the terms of this contract, or from any
retainage provided in the contract.
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