HomeMy WebLinkAboutC2021-213 - 8/31/2021 - Approved DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
SC
SERVICE AGREEMENT NO. 3684
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Preventative Maintenance Service for UV System
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THIS Preventative Maintenance Service for UV System Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Xylem WaterSolutions USA, Inc. ("Contractor'), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Preventative Maintenance Service for
UV System in response to Request for Bid/Proposal No. 3684 ("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 Preventative Maintenance Service for Uv System
("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) This Agreement is for four years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-year periods ("Option Period(s)"),
provided, the parties do so in writing prior to the expiration of the original term or
the then-current Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$311,756.00, 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
Service Agreement Standard Form Page 1 of 7
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next Option Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: 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 that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
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
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DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
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 at no charge to the City.
If 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
reasonable costs incurred, including additional costs over the item's bid/proposal
price, must be paid by the Contractor within 30 days of receipt of City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
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.
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DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
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: Joanna Moreno
Title: Contracts/Fund Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361) 826-1649
Fax: (361) 826-4495
IF TO CONTRACTOR:
Xylem Water Solutions USA, Inc.
Attn: Sam Caillouet
Title: Aftermarket Territory Manager
Address: 4828 Parkway Plaza Blvd. Suite 200 Charlotte, NC 28217
Phone: (469) 404-0849
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 ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, INCLUDING ALL
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DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
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 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
REASONABLY 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.
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.
Service Agreement Standard Form Page 5 of 7
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
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 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.
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.
Service Agreement Standard Form Page 6 of 7
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
CONTRACTOR
LB
ocuSigned by:
Signature: e6
James Stewart Nix
Printed Name:
Aftermarket Sales & Service Manager, Treatment
Title.
Date: 6/25/2021
CITp���OgFe d�y
ORPUS CHRISTI
I,V—�- Vim- Res.032534 Authorized By
Josh Chronley Council 08/31/2021
Assistant Director, Contracts and Procurement
9/1/2021 DS
Date: Er Si5
APPROVED AS TO LEGAL FORM:
DocuSigned by:
6/29/2021
—9g ,Q ATTEST:
DocuSigned by:
Assistant City Attorney Date
moo...
Attached and Incorporated by Reference: Rebecca Huerta
Attachment A: Scope of Work City Secretary
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 3684
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 7 of 7
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
ATTACHMENT A- SCOPE OF WORK
1. General Requirements
The Contractor shall provide its TotalCare Preventative Maintenance (PM) Services
forthe Broadway Wastewater Treatment Plant's Wedeco UV system, which is required
to perform 24/7.
2. Scope of Work
A. The Wedeco Total Care Preventative Maintenance Program is outlined in the
table below. It also includes unlimited phone support, additional on-site training,
and priority in service scheduling.
B. This agreement includes three site visits per year at four 8-hours days per visit, for a
total of 12 full day onsite visits per year.
C. In year one, the Contractor shall provide one eight-hour day of onsite
comprehensive and tailored UV training, designed to keep site operators fully
trained on UV methodology, operation, and troubleshooting. Training shall be
provided by a senior technician.
Total Care Activities - Open Channel UV Systems
Typical Tasks Duron & TAK Systems
System Review Pre-visit:
• Identify outstanding issues from prior visits as well as new
issues.
• Recommend parts required for upcoming work. Onsite:
• Review system history and alarm log since last visit-
identify key tasks to resolve during visit.
Control Cabinets • Inspect cabinets for dust and/or corrosion. Clean as
necessary.
• Confirm adequate cooling and or airflow through
cabinet.
• Check for hot spots that could cause temperature faults.
• Replace filters as need from spares stock.
• Troubleshoot and resolve faulty ballasts.
• Replaced failed ballasts from spares stock as needed.
• If indicated, measure incoming, voltage, current,
neutral, and ground of supplied system power. Identify
deficiencies and diagnostic recommendations.
• Validate proper operation and set points of HMI, adjust as
needed.
• Validate proper operation and set points of internal UV
system controllers, adjust as needed.
• Validate proper function of all signal isolators. Replace
from onsite spares as needed.
• Validate proper function of all safety circuits.
• Perform basic functional test of AC units if present.
• Check remote communications if applicable.
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
Cables & • Examine cables, connectors and Harting hardware for
Junction Boxes proper function. Replace faulty hardware with onsite
spares.
Identify and provide recommendations for unusual
wear, rust and/or corrosion of components. Replace
as needed from onsite spares.
Modules, Lamps, . Identify and provide recommendations for unusual
Reactor, Sleeves wear, rust and/or corrosion of components. Replace
& Connectors as needed from onsite spares.
• Check quartz sleeves for excessive surface abrasions,
replace as needed from onsite spares.
• Check quartz sleeves for excessive water ingress, replace
from onsite spares as needed.
Identify and resolve any loose connections.
Validate cable connector functionality. Replace 0-
rings, or connector assembly from onsite spares as
needed.
• Check intensity sensors for proper operation, clean
if needed, replace from onsite spares as necessary.
Examine Intensity sensor cleaning brushes. Replace from
onsite spares as needed.
Examine a representative sampling of lamps for
signs of excessive aging, replace as needed.
Identify source of problem if premature.
Troubleshoot failed components and replace from onsite
spares as needed.
Control Philosophy . Identify chronic alarms - root cause and resolve.
Validate intensity readings.
Root cause and resolve UV intensity issues if system
related (doesn't include system cleaning).
Validate incoming flow signal. Identify any
inconsistencies.
Validate basic PLC function in Manual, Maintenance and
Automatic modes
Wiper Cleaning . Repair junction box, pneumatic line, fitting and
Systems wiper module leaks utilizing onsite spares as
needed.
• Change air compressor filtration desiccant from onsite
spares as needed.
Purge system of all water and oil.
Identify airline freezing risks. Make resolution
recommendations as needed.
Validate all compressor set points. Fine tune as needed.
Validate operation of wiper modules to specification.
Replace from onsite spares as needed.
Validate proper operation of wiper module limit switches.
Replace from onsite spares as needed.
• Confirm operation of automatic drain valve repair or
replace from onsite spare as needed
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
Control • Clean and validate level switches.
Instrumentation • Clean and validate proper operation of ultrasonic
level/flow measurement system.
• Clean & calibrate onsite transmittance monitor.
Physical and . Validate proper manual and auto operation of all
Mechanical control gates. Adjust set points, torque settings and
Components lubricate penstocks as necessary.
Validate weir elevation in conjunction with level controls.
Identify excessive gate and/or weir leakage if indicated
by level control issues (if possible).
• Check baffle plate for buildup. Recommend cleaning
process as needed.
Water Quality . Check fouling of quartz sleeves. Provide instruction
and recommendations on cleaning if necessary.
Remove excessive debris (algae, trash, etc.) from module
and cable assemblies
Identify recommendations for excessive channel fouling,
debris buildup and other possible sources of sampling
contamination.
• Compare effluent transmittance against system design
requirements. Identify possible sources of discrepancies.
Operational . Provide informal operation, maintenance, and/or safety
training as requested.
Identify maintenance and/or operation concerns and
associated improvement recommendations
Identify spares utilized and recommendations for
replacement or adjustments to existing levels.
Identify approximate future timeline for consumables
(lamps, ballasts, sleeves, wiper rings, etc.)
replacement.
Identify operational enhancements (power settings, timer
adjustments, etc.).
Review Xylem 24/7 contact information.
3. Invoices
Invoices shall be mailed to the address below, and a copy emailed to
1..J 11 ii II ii 11 ii es a.: e I ..:II::. .e;:�.e;-Il::�� .�::�.."�...,c a::a irn.
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City of Corpus Christi
ATTN: AP/Utilities Department
P.O. Box 9277
Corpus Christi, TX 78469
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
ATTACHMENT B: PRICE SHEET
WEDECO,
a xVlem brand
ITEM DESCRIPTION , QTYUNIT-- UNIT 'RICE PRICE TOTAL.
1 PM Site Visits
3 visits/yr, each visit is a 4- 3 EA
day site visit $8,899.50 $26,698.50
YEAR ONE
2 PM Site Visits
3 visits/yr, each visit is a 4-
day site visit 3 EA $8,899.50 $26,698.50
YEAR TWO
3 PM Site Visits
3 visits/yr, each visit is a 4-
day site visit 3 EA $9,302.00 $27,906.00
YEAR THREE
4 PM Site Visits
3 visits/yr, each visit is a 4- 3 EA
day site visit $9,581 .00 $28,743.00
YEAR FOUR
5 On Site Training (8 Hours) 8 HRS $213.75 $1,710.00
6 Parts Allowance 4 YR
Based on size of UV system $50,000.00 $200,000.00
TOTAL $311,756.00
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
Attachment C -Insurance Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. 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.
B. 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 Including: $1 ,000,000 Per Occurrence
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
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
C. 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.
II. ADDITIONAL REQUIREMENTS
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
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 an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be promptly
met.
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 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
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, 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.
E. Within 5 calendar days of a cancellation, non-renewal, material change or termination
of coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
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 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.
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 agreement.
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 agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2021 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
02/22/2021 Risk Management - Legal Dept.
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E
Attachment C - Bond Requirements
"No bonds required for this Agreement."
DocuSign Envelope ID: FCE1897E-B101-40D3-A333-F3DBD763157E ._.fit D - Warranty Requirements
, W'SII ern
I &, N
TERMS AND CONDITIONS FOR SERVICES—XYLEM AMERICAS(V1 -Effective 11.10.2017)
12. Representation and Warranty.
(a)For a period of ninety(90)days
from the date of invoice, unless
otherwise expressly set forth in the
quotation or sales form or order
acknowledgment, Service Provider
represents and warrants to Customer
that it shall perform the Services
using personnel of required skill,
experience and qualifications and in a
professional and workmanlike
manner in accordance with generally
recognized industry standards for
similar services and shall devote
adequate resources to meet its
obligations under this Agreement
("Warranty").
(b)The Service Provider shall not be
liable for a breach of the Warranty set
forth in Section 12(a)unless
Customer gives written notice of the
defective Services, reasonably
described, to Service Provider within
thirty(30)days of the time when
Customer discovers or reasonably
should have discovered that the
Services were defective.
(c)Subject to Section 12(b), Service
Provider shall, in its sole discretion,
either: (i)repair or re-perform such
Services;or(ii)credit or refund the
price of such Services at the pro rata
contract rate.
(d)THE FOREGOING
WARRANTY IS EXCLUSIVE
AND IN LIEU OF ANY AND ALL
OTHER EXPRESS OR IMPLIED
WARRANTIES, GUARANTEES,
CONDITIONS OR TERMS OF
WHATEVER NATURE
RELATING TO THE SERVICES
PROVIDED HEREUNDER,
INCLUDING WITHOUT
LIMITATION ANY IMPLIED
WARRANTIES OF
MERCHANTABILITY AND
FITNESS FOR ANY
PARTICULAR PURPOSE,
WHICH ARE HEREBY
EXPRESSLY DISCLAIMED AND
EXCLUDED. EXCEPT AS
OTHERWISE PROVIDED BY
LAW, BUYER'S EXCLUSIVE
REMEDY AND SERVICE
PROVIDER'S AGGREGATE
LIABILITY FOR BREACH OF
THE FOREGOING WARRANTY
IS LIMITED TO REMEDIES SET
FORTH IN SECTION 12(c).