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HomeMy WebLinkAboutC2018-674 - 11/13/2018 - Approved (---- cse7 1 II a' All 1 A SERVICE AGREEMENT NO. 1772 U Motor and Clutch Repairs for Utilities Department SMC, y,„E. 1852 THIS Motor and Clutch Repairs for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Massengale Armature Works ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Motor and Clutch Repairs for Utilities Department in response to Request for Bid/Proposal No. 1772 ("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 Motor and Clutch Repairs for Utilities Department ("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 zero additional zero-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 $146,350.00, 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: C2018-674 11/13/18 Page 1 of 7 M2018-218 7 Massengale Armature Works 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 t (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: Contract Administrator Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone: (361) 826-1649 Fax: (361) 826-1715 IF TO CONTRACTOR: Massengale Armature Works Attn: Michael Thompson Title:Sales Manager Address: 1031 Basse Road, San Antonio, Texas 78212 Phone: (210) 732-5168 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, 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: -74, -- Printed Name: j hCi n ' iJ7b,p rt / Title: S4 MibliA4t4 Date: 49-2 -/8 CITYOF CORPUS CHRISTI 16„:„ Kim Baker Assistant Director of Finance- Purchasing Division Date: l l . t 4 . l$ Attached and Incorporated by Reference: �� Ik.B' Attachment A: Scope of Work ATTEST: Attachment B: Bid/Pricing Schedule REB CCA HUERTA Attachment C: Insurance and Bond Requirements CITY SECRETARY Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1772 Exhibit 2: Contractor's Bid/Proposal Response NUKILL► fT COUNCIL i SECRETARY b Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A-Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide motor and clutch repairs at Wastewater Treatment Plants, Lift Stations, and Storm Water Pump Stations for the City of Corpus Christi Utilities Department - Wastewater and Storm Water Divisions. This work includes, but is not limited to, all labor, parts/materials, and services necessary for motor and clutch repairs, on an as needed basis as outlined in this Scope of Work. 1.2 Scope of Work A. Repairs 1 . The City's motor inventory for this contract, outlined in Section 4.3, consists of approximately 251 motors of various brands,with HP range from 10-500. Of this inventory, there are approximately 15 motor/clutch configurations. A large percentage of these motors consist of the following brands: TECO Westinghouse, GE, US Motors, Marathon, and Baldor. 2. The Contractor's work performance for motor and clutch repair will include, but is not limited to, disassembly, inspection, repair, and remanufacturing. 3. Typical motor repairs may include, but are not limited to: stator, bearings, rotor, brushes, brush holder, slip rings, packing gland, strip heater evaluation, bearings, run vibration analysis, balance rotor, check mechanical fits, meg motor, and run motor winding analysis. 4. Typical clutch repairs may include, but are not limited to: rotor, slip rings, shaft, bearings, brushes, mandrel and drum, and balancing of clutch to motor, including vibration analysis. 5. To obtain accurate measurements and for non-destructive evaluation, the Contractor shall clean using steam, grit, or solvent. 6. As repairs are needed, the City will contact the Contractor via email and/or phone. Within twenty-four (24) hours of the City's notification, the Contractor shall pick up the motor and/or clutch for repair at the line item price entitled Pick-Up & Delivery Charge. Upon completion of the repair, the Contractor shall deliver the motor and/or clutch to the City. 7. The Contractor shall submit a repair estimate for each repair within five (5) business days after receipt of motor or clutch. The repair estimate shall include any noted problems, special conditions, inspection results, conclusion/recommendations, visual findings by drawings or digital photos. 8. The repair estimate shall be submitted electronically in PDF format via email and itemized as follows: a. Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed ten (10) business days, the Contractor must define the completion time, and outline the reason for delay. Repairs shall be completed within 10 business days of purchase order (PO) receipt. A PO number will be submitted to Contractor via email. b. Shipping costs for parts/materials c. Costs to expedite parts/materials (will be deducted from the shipping allowance), if requested and approved by a City representative. d. List of parts/components to be repaired and/or replaced e. Parts/materials mark-up, if applicable f. Hourly labor costs at rates set by Contract, to include Regular Time, and Overtime (if approved) g. Motor and/or clutch replacement cost - if Contractor deems items not repairable a replacement cost shall be submitted to the Work Coordinator. Replacement of motor and clutch will be bid separately. 9. All parts shall be equivalent to or better than original equipment manufacturer (OEM) standards. 10. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. 11 . All repairs shall be in accordance with current motor and/or clutch nameplate data and conditions, drawings, standards and/or OEM specification(s). 12. 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 motor and/or clutch. 13. After repairs, the motor and/or clutch shall be repainted to manufacturer's recommendation and specifications, in a color approved by a City representative. 14. Overtime hours must be authorized in writing by a City representative. B. Warranty The Contractor shall provide a minimum 90-day warranty period for reconditioned motors. And, a one-year warranty period for motor rewinds. C. Other Requirements 1 . 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. 2. The City reserves the right to inspect the motor and clutch at any time during the repair. 3. The Contractor must be able to provide technical support as may be required by the City. 4. The City reserves the right to audit Contractor's project costs at any time during the contract term. 5. The City's equipment in Contractor's possession must be properly stored and secured at all times. 6. Where applicable, the loading/unloading of motor(s) must be done by Contractor's personnel. 1.3 Work Site Locations and Motor Inventory-The following locations is where the equipment is located: WWTP # Plant Name Address # of Motors 1 Broadway WWTP 801 Resaca 40 2 Oso WWTP 601 Nile 37 3 Greenwood WWTP 6541 Greenwood Dr. 32 4 Allison WWTP 4101 Allison Dr. 22 5 Laguna Madre WWTP 201 Jester 22 6 Whitecap 13409 Whitecap Blvd. 40 Lift Lift Station Name Address # of Station # Motors 1 Up River Road 12300 Up River Rd. 2 2 Allison 4101 Allison Dr. 3 3 Stillwell 8100 Stillwell Lane 2 4 McBride 1200 McBride Lane 3 5 Lexington 5233 Lear St. 2 6 Brownlee 400 12th St. 3 7 Morgan 810 N. Brownlee Blvd. 2 8 Studebaker 300 Kinney Ave. 2 9 Peoples "T" Head Peoples St. "T" Head 2 10 Lawrence "T" Head 400 S. Shoreline Blvd. 2 11 Schanen 6102 Del Starr Dr. 2 12 Country Club 6300 Everhart 3 13 Wooldridge 6610 Wooldridge Rd. 4 14 Williams 6602 Williams Dr. 5 15 Oso WWTP #1 501 Nile Rd. 2 16 Oso WWTP #2 501 Nile Rd. 4 17 Perry Place Thompson Rd. 2 18 Military & Jester 722 Jester St. 2 19 Laguna Madre WWTP 201 Jester St. 3 20 Aquarius 15000 Aquarius St. 2 SW Pump Station # Pump Station Name Address # of Motors 1 Power St. Pump 1218 N. Water St. 3 Station 2 Kinney St. Pump 302 S. Water St. 3 Station 1.4 Special Instructions The Contractor's invoice for payment must contain the following information: 1 . Purchase Order (PO) number 2. Location and Address 3. Model and serial number of equipment 4. Description of service 5. Bill of materials 6. The Contractor will be required to attach copies of all invoices for parts/materials (to include % of mark-up, if applicable) for each repair invoice 7. Total hours billed, itemized by position and hourly rate as shown in Contract. 8. Shipping costs at actual cost. 9. Authorizing City Representative 1.5 Contractor Quality Control and Superintendence 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. Attachment B- Bid Pricing/Schedule c CITY OF CORPUS CHRISTI ° ..VIII BID FORM 1") PURCHASING DIVISION ,141,. RFB No. 1772 1852 Motor and Clutch Repairs for Utilities Department PAGE 1 OF 1 Date: 7-3o- la' Authorized Bidder: "Ise liOreiteE. dve r /M. Signature: 1741-Aced-)-d 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. 4. Bidders must not write over or revise the bid form. Written notes on the bottom of this page are not accepted. Bidders will be considered Non-Responsive. Invitation to quote, FOB Destination, Freight Included, on the following: Item # Description Unit Qty Unit Price Total Price Labor 1 Labor Regular Business Hours M-F 8:00-5:00 HR 300 $ foo $l/,coo V2 2 Labor ,co $4,500 00 Afterhours, Weekends, Holidays HR 50 $ 90- $ -- Parts/Materials Mark-up Total Price 3 Parts/Materials EA $95,000.00 % 2-3 $ 4 Shipping Allowance for PP 9 #, n Parts/Materials (includes expedited items) EA $7,000.00 $7,000.00 5 Pick-Up & Delivery Charge EA 40 $ -8' $ -e- TOTAL - $/V213po c"i. Total $146,350.00 Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . 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. 2. 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 on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. 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 including: $1,000,000 Per Occurrence $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 WORKERS'S COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is not this Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 3. 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. 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 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. 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 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 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, 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 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. 5.. 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. 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 stop work hereunder, and/or withhold any payment(s) 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 contract. 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 contract. 9. 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 Motor and Clutch Repair Services 01/17/2018 sw Risk Management Valid Through 12/31/2018 Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Attachment D - Warranty Requirements The Contractor shall provide a minimum 90-day warranty period for reconditioned motors, and a one-year warranty period for motor rewinds.