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HomeMy WebLinkAboutC2018-424 - 8/28/2018 - Approved k�P38 CDA, Ii I SERVICE AGREEMENT NO. 1668 Blower Repairs and Motor Alignments at WWTP 1852 THIS Blower Repairs and Motor Alignments at WWTP Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Massengale Armature Works Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Blower Repairs and Motor Alignments in response to Request for Bid/Proposal No. 1668 ("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 Blower Repairs and Motor Alignments ("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. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $107,700.00,subject to approved extensions and changes. Payment will be made for Services completed 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. 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: Service Agreement Standard Form Page 1 of 7 2018-424 5/17 8/28/18 M2018-149 Massengale Armature Works Inc. SCANNED Name: Joanna Moreno Department: Utilities Department Phone: (361)-826-1649 Email: JoannaM@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 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. 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.Any Services 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (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. 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 Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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 related 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: Joanna Moreno Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi,TX 78415 Phone: (361)-826-1649 Fax: (361)-826-4495 IF TO CONTRACTOR: Massengale Armature Works Attn: Micheal Thompson Title: Products Manager Address: 1031 Basse Road, San Antonio, TX 78212 Phone: (210)-777-8800 Fax: None 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, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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. 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. 20. 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. 21. 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; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. 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. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law.This Agreement is subject to all federal,State,and local laws,rules, and regulations. 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. 25. 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. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: N�ic, cL -77,/ciyeRiAi Title: SSSS filAaae Date: S-7-/1? CITY OF CORPUS CHRISTI Signature: I(.Lnm, 1Q (2YLtdL- Printed Name: Title: Sk-. Dir[1ktY( " 'r &n� 'qJ Sfft/veS Date: S. 2q, 1 a TEST:ATTEST:ECLZ 2-!4 — 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. 1668 Exhibit 2: Contractor's Bid/Proposal Response 42-01eL!,,,, 1r COUNCIL SECRETARv Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 ATTACHMENT A: SCOPE OF WORK 732 1.1 General Requirements/Background Information A. The Contractor shall provide blower repairs and motor alignments at City of Corpus Christi Waste Water Treatment Plants (WWTP).WWTP location address are outlined in section 1.3 of the Scope of Work. B. The Contractor shall provide labor, materials, parts, equipment and transportation necessary to carry out the services. The Contractor shall provide technical support as may be required by the City. C. The City's blower inventory outlined in Section 1.3 consists of approximately 40 multi stage centrifugal blowers of various brands, with HP range from 75- 300. A large percentage of these blowers consist of the following brands: Gardner Denver, Atlas Copco, Lasmson, Hoffman, and Spencer. D. All repairs and motor alignments shall be done in accordance with current blower nameplate data and conditions, drawings, standards and/or OEM specifications. 1.2 Blower Repairs and Motor Alignments A. Blower Repairs 1. The Contractor shall perform blower repairs, including but not limited to, disassembly, inspection, repair and remanufacturing. 2. Typical repairs may include but, are not limited to: a) Hone and de-burr all mechanical mating surfaces. b) Tap all threaded holes. c) Repair/replace impeller sleeves. d) Repair/replace impellers. e) Coat all parts with enamel coating. f) Replace radial and thrust bearings. g) Replace process seals. h) Repair/replace new blower shaft. 3. Disassembly and Inspection includes but is not limited to: a) Record any visual findings by drawings and digital photos. b) Clean by hydro/steam cleaning, solvent, and/or grit. c) All parts must be cleaned, and paint removed for non-destruction evaluation, and to obtain accurate measurements. d) Perform dimensional inspection and record; based on the inspection calculate and record the running clearances and check against OEM standards. Page 1 of 4 e) Perform runout inspection and record (shafts,impeller suction eyes etc.). f) Perform concentricity inspection and record (all register fits, bores etc.) g) Record components with digital photos. h) Perform on-destruction evaluation inspection and record (should be a level II or higher). i) Perform Positive Material Identification of all components and record. 4. 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, sand blasting, and coating of blower. 5. After repairs, the blower shall be repainted to manufacturer's recommendation and specifications, in a color approved by a Contract Administrator. 6. As repairs are needed, the City will contact the Contractor for repairs via email or phone. The Contractor shall pick up the blower within 24 hours of notification. Upon completion of the repair, the Contractor shall deliver the blower to the respective WWTP. 7. The City will load and unload blowers from Contractor's vehicle. Upon completion of repair and unloading of the blower, the Contractor shall perform the alignment of the blower. 8. The Contractor will be responsible for pickup and delivery of the blower. The Contractor shall arrange pickup and deliveries between 7:00 AM to 3:00 PM, Monday through Friday, excluding City holidays. 9. The City's equipment in Contractor's possession must be properly stored and secured at all times. 10. The Contractor's facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services at the City's expense. 11. The City reserves the right to inspect the blower at any time during the repair. 12. The Contractor shall submit a repair estimate for each repair within five business days after receipt of blower. The repair estimate shall include any noted problems, special conditions, inspection results, conclusion/recommendations, visual findings by drawings or digital photos. The repair estimate shall be submitted electronically in PDF format via email and itemized as follows: a) Hourly labor costs, to include regular time and overtime (if approved, in writing) as allowed per contract. b) List of cost parts/components to be repaired and/or replaced. c) Parts/materials markup% as allowed by the contract. d) Shipping costs for parts/materials. e) Estimated repair time including any Delay time for parts/Materials. If repair time is expected to exceed ten business days, the Contractor must define the completion time and outline the reason for delay. Page 2 of 4 f) Cost to expediate parts/materials, if requested and approved by a City representative. 13. The City of Corpus Christi reserves the right to purchase repair parts and materials from other sources.The City reserves the right to audit Contractor's project cost at any time during the Contract term. 14. The Repair shall be completed within 10 business days of Purchase Order receipt, unless otherwise approved. A Purchase Order number will be submitted to Contractor via email. 15. City prefers new Original Equipment Manufacturer (OEM) parts; however, if the Contractor wishes to use new aftermarket parts, it must provide the City with the price and lead time of the OEM part and the price and lead time of the aftermarket part. Based on the price estimate and lead time, the City will make a determination whether to accept OEM or aftermarket part. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. 16. The Contractor shall affix a nameplate to document workorder/job number, date of repair, and Company name B. Blower- Motor Alignment 1. Contractor shall perform Blower-Motor alignment On-Site. 2. Typical blower-motor alignment services may include but are not limited to Installation of laser alignment system onto shafts, soft foot inspection with laser system, and correction if necessary, alignment with laser system, with required corrections, if needed, removal of laser alignment system, and removal of locks. 3. The City staff will contact the Contractor via phone and/or email. The Contractor shall respond within 24 hours. 1.3 Work Site and Conditions WWTP Plant Name Address No of Blowers 1 Broadway WWTP 801 Resaca 5 2 Oso WWTP 601 Nile 11 3 Greenwood WWTP 6541 Greenwood Dr. 5 4 Allison WWTP 4101 Allison Dr. 5 5 Laguna Madre WWTP 201 Jester 7 6 Whitecap 13409 Whitecap Blvd 7 1.4 Invoicing Each month, the Contractor shall invoice the City for Blower repairs and Motor Alignments. The Contractor's invoice must contain the following: a) Purchase Order Number. b) Plant name and Address. c) Model and Serial number of equipment. Page 3 of 4 d) Description of Service. e) Bill of Materials. f) Copies of all invoices for parts/materials (to verify markup%). g) Total hours billed, itemized by position and hourly rate. h) Shipping costs, to include copy of shipping bill/invoice plus any expediting cost, if applicable. i) Name of authorizing City representative. 1.5 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. B. The Contractor shall perform inspection of blower repairs/alignment prior to delivery to the City. 1.6 Warranty The Contractor shall provide at no additional cost to the City, a 12-month warranty for all repairs workmanship and motor alignment furnish by the Contractor in fulfillment of this contract. The Contractor shall provide a 12-month warranty or manufacturer warranty on parts and materials. The warranty shall commence on the date of acceptance of the work by the WWTP Work Coordinator. The remedy of the breach of warranty shall require the Contractor to correct or replace any defects found in materials and parts provided or for the correction of faulty workmanship. Page 4 of 4 Gp4s Attachment B:Bid/Pricing Schedule i��� t CITY OF CORPUS CHRISTI 0 BID FORM 2852 PURCHASING DIVISION RFB No. 1668 Blower Repairs and Motor Alignment at WWTP PAGE 1 OF 1 Date: Authorized � // / Bidder: 41,4CStjs[hac£ /30-0,47-a24,v J Signature: `i /h�(i6'/G/,42 — 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 Purchasing 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 QTY HRLY Rate Total Price 1 Technician HRS 700 ,!S ao d M-F 8:00 AM-5:00 PM /p"i - yZ,oc o 2 Technician HRS 50 Afterhours, Weekends, 9. Holidays Qo"- .� z44-vo 3 Helper HRS 150 M-F 8:00 AM-5:00 PM - 4/09.5 .b aov 4 Helper HRS 50 Afterhours, Weekends, Holidays 2 �©ya 071) Estimated Mark up (%) Spend 5 Parts/Materials $40,000 Allowance for $5,000.00 6 Shipping Charge for $5,000.00 Materials/Parts Total I107/lot) °� SUSCNA. OHO v ' - ATTACHMENT C: INSURANCE REQUIREMENT •if0 1852 CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change, or termination required on all Per occurrence-aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 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) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased Page 1 of 3 WORKERS'S 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 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 2 of 3 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City.City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Utilities Blower Repairs and Blower Motor Alignments 03/01/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 gyus cam. acr ATTACHMENT D: WARRANTY REQUIREMENTS Poi. 1852 The Contractor shall provide at no additional cost to the City, a 12-month warranty for all repairs workmanship and motor alignment furnish by the Contractor in fulfillment of this contract. The Contractor shall provide a 12-month warranty or manufacturer warranty on parts and materials. The warranty shall commence on the date of acceptance of the work by the WWTP Work Coordinator. The remedy of the breach of warranty shall require the Contractor to correct or replace any defects found in materials and parts provided or for the correction of faulty workmanship. Page 1 of 1