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25-R-160 Contract Advanced Water Well Tech Kutscher Drilling and Lonestar ArmatureRESOLUTION 25-R-160 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ADVANCED WATER WELL TECHNOLOGIES, KUTSCHER DRILLING, LTD, AND LONESTAR ARMATURE. WHEREAS, the City of Schertz has solicited proposals for on -call pump and motor services contract; and WHEREAS, City Staff has determined that Advanced Water Well Technologies, Kutscher Drilling, LTD and Lonestar Armature, are qualified to provide such services for the City; and WHEREAS, City Staff has determined it is in the best interest of the City and its residents to contract these services on an as -needed basis; and WHEREAS, the City Council desires to allow the City Manager to approve and execute an on -call pump and motor services contract with Advanced Water Well Technologies, Kutscher Drilling, LTD and Lonestar Armature. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorized the City Manager to execute and deliver the contracts with Advanced Water Well Technologies, Kutscher Drilling, LTD and Lonestar Armature for on -call pump and motor services in substantially the forms set forth attached hereto as Exhibit A (SERVICE AGREEMENT, ADVANCED WATER WELL TECHNOLOGIES),_ Exhibit B (SERVICE AGREEMENT, KUTSCHER DRILLING, LTD), and Exhibit C (SERVICE AGREEMENT, LONESTAR ARMATURE). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of the Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of the Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application hereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. k PASSED AND APPROVED on the day of 025. CITY OF SCHERTZ, TEXAS Unph, Rodriguez, 4ayor ATTEST: Sheila Edmondson, City Secretary EXHIBIT A SERVICES AGREEMENT (ADVANCED WATER WELL TECHNOLOGIES) CITY OF SCHERTZ SERVICE AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ("Agreement") is made and entered by and between the City of Schertz, Texas, (the "City") a Texas municipality, and Advanced Water Well Technologies ("Contractor"). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect through November 30, 2028 with the option to renew for two (2) additional terms of one (1) year each unless terminated as provided for in this Agreement. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A". The work as described in the Scope of Work constitutes the "Project". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in full upon completion of the project or in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Perioc'L Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act"), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. (D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to Contractor. CITY OF SCHERTZ PAGE 1 Advanced Water Well Technologies Service Agreement (1) All payments or expenditures made by the City under this Agreement are subject to the City's appropriation of funds for such payments or expenditures to be paid in the budget year for which they are made. (2) The payments to be made to Contractor, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the City as may be legally set aside for the implementation of Article III, Section 52-a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized by statute or home rule powers of the City under applicable Texas law, subject to any applicable limitations or procedural requirements. (3) In the event the City does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement, the City shall not be liable to Contractor for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Contractor, in its sole discretion, shall have the right but not the obligation to terminate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. (4) To the extent there is a conflict between this Section and any other language or covenants in this Agreement, this Section 3 shall control. Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. (A) Contract Times: Days The Work is expected to be substantially completed within calendar days after the Notice to Proceed is given ("Substantial Completion") (B) Liquidated Damages Contractor and Owner recognize that time is of the essence as stated above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in the Scope of Work, plus any extensions thereof allowed in accordance with the Contract. The Contractor acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The Contractor further acknowledges and agrees that, if the Contractor fails to substantially, or cause the Substantial Completion of any portion of the Work within the Contract time, the Owner will sustain actual damages because of such failure. The exact amount of such damage will be difficult to ascertain. Therefore, the Owner and Contractor agree that, if the Contractor shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial Completion date, subject to proper extension granted by the Owner, then the Contractor agrees to pay the Owner the sum of Six hundred dollars ($600.00) per day for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ("Liquidated Damages") that would be suffered by Owner as a result of delay for each and every calendar day that the Contractor shall have failed to have completed the Work as CITY OF SCHERTZ PAGE 2 Advanced Water Well Technologies Service Agreement required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by the Owner as a result of the failure of Contractor to complete within the Contract Time. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. The contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers' liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damage sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non -assessable insurance company licensed to do business in the State of Texas and currently rated "B+" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made"' form. Evidence of such insurance shall be attached as Exhibit "C". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. CITY OF SCI ERTZ PAGE 3 Advanced water well Technologies Service Agreement Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement, or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self-employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non -Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this CITY OF SCIIERTZ PAGE 4 Advanced Water Well Technologies Service Agreement subsection. (F) Conflict of Terms. Scope of work: In the case of any conflicts between the terms of this Agreement within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Other Agreements between parties: In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement, this Agreement shall govern. (G) Non -Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. Relevant definitions from the bill: "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. (H) Non -Boycott of Energy. Pursuant to Texas Senate Bill 13 (2021), Contractor certifies that either (i) it does not boycott Israel and will not boycott energy companies; and (2) will not boycott energy companies during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. (I) Non -Boycott of Firearm Entity. Pursuant to Texas Senate Bill 19 (2021), Contractor certifies that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate during the term of the contract against a firearm entity or firearm trade association. (J) Access to Premises. Authorized representatives of the Contractor will be allowed access to the facilities on City premises at reasonable times to fulfil the obligations of the Contractor regarding such facilities. The contractor shall adhere to all City rules, regulations, and guidelines while on City property. It is expressly understood that the City may limit or restrict the right of access herein granted in any manner considered necessary (e.g., national security, CITY OF SCHERTZ PAGE 5 Advanced Water well Technologies Service Agreement public safety). (x) INTERLOCAL PARTICIPATION The City may enter Interlocal Cooperation Purchasing Agreements with other governmental entities or governmental cooperatives (hereafter collectively referred to as "Entity" or "Entities") to enhance the City's purchasing power. At the City's sole discretion and option, City may inform other Entities that they may acquire items listed in this IFB. Such acquisition(s) shall be at the prices stated herein and shall be subject to bidder's acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider attached hereto, if known at the time of issuance of the IFB. City may issue subsequent riders after contract award setting forth additional Entities desiring to utilize this bid. VENDOR shall sign and return any subsequently issued riders within ten calendar days of receipt. In no event shall City be considered a dealer, re -marketer, agent or other representative of Vendor or Entity. Further, City shall not be considered and is not an agent; partner or representative of the Entity making purchases hereunder, and shall not be obligated or liable for any such order. Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable or responsible for any obligations, including, but not limited to, payment, and for any item ordered by an entity other than City. Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided materials in City's presentations and promotions regarding the availability of use of this contract. The City makes no representation or guarantee as to any minimum amount being purchased by City or Entities, or whether Entity will purchase utilizing City's contract. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for CITY OF SCHERTZ PAGE 6 Advanced water well Technologies Service Agreement those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. Notices Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 10. No Assi�( nment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided CITY OF SCHERTZ PAGE 7 Advanced Water Well Technologies Service Agreement herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 13. Governing Law; Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 14. Paragraph Headings* Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 15. Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits & Attachments All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement, which incorporates the original RFP, Contractor's Response to RFP, and Purchase Order(s) issued for payment contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Order of Precedence. In the event of a conflict between the terms and conditions included in the body of this Agreement and the terms and conditions included in any of the incorporated documents, the order of precedence shall be: (a)Agreement; (b) the attachments and/or exhibits to Agreement, (c)Contractor's Response to RFP, and (d) Purchase Order(s). CITY OF SCHERTZ PAGE 8 Advanced Water Well Technologies service Agreement Section 20. _Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 21. Riaht To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of. (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEx. LOCAL GoVT CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other parry, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied parry, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships/Affiliations: Conflict of Interest 4uestionnaire Contractor states that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf info_forml295.htm and httns://www.ethics.state.tx.us/tec/1295-Info.htm for more information. CITY OF SCHERTZ PAGE 9 Advanced Water Well Technologies Service Agreement IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 10 Service Agreement EXECUTED on this the day of , 20_. CITY: By: Name: Title: Steve Williams City Manager ADDRESS FOR NOTICE: CITY: City of Schertz Attn: Steve Williams, City Manager 1400 Schertz Parkway Schertz, Texas 78154 CONTRACTOR: By: Name: Title: CONTRACTOR: CITY OF SCHERTZ PAGE 11 Service Agreement EXHIBIT A SCOPE OF WORK General The minimum requirements and the specifications for the Services, as well as certain requests for information to be provided by Proposer as part of its proposal, are set forth below. Project Scope The City of Schertz is seeking proposals to provide On -call maintenance/repair services for the pumps and motors located at the various potable water, raw water and wastewater facilities throughout the City of Schertz. Respondents to this RFP should demonstrate knowledge and experience in maintenance and repair of various types of pumps and motors that will allow the City of Schertz to obtain cost effective delivery of high -quality service in a prompt and reliable manner. The City of Schertz operates a variety of water production, distribution and wastewater collection systems. These systems utilize a variety of different styles and sizes of pumps, motors and associated components and supporting equipment. For the purpose of this contract, maintenance and repair is defined as work that involves the maintenance, repair, replacement or rehabilitation of a broken system, component(s), or sub-component(s) of a pump or motor. These systems, components or sub -components include but are not limited to: 1. Vertical turbine pumps and motors 2. Vertical line shaft well pumps and motors 3. Split -case horizontal pumps and motors 4. Submersible pumps (potable, raw and wastewater) 5. Hydraulic control devices such as PRVs and check valves 6. Plumbing (DI, Steel, PVC, etc.) 7. Motor starting and control equipment 8. Pump instrumentation and metering equipment 9. Pump and motor mechanical devices and apparatuses Contractors shall furnish all labor, supervision, tools, equipment, materials, metering instruments, supplies, parts, transportation, mobilization, insurance, bonds, permits, incidentals, and quality control necessary to provide pump and/or motor maintenance and repair services on an "as -needed basis". Pump and/or motor maintenance and repair services may include, but are not limited to the following: 1. Troubleshooting and technical assistance 2. Fabrication capabilities 3. Repair capabilities 4. Pump and motor upgrades and/or modifications 5. Instrumentation, metering and alignment testing and validation 6. Ability to hoist and maneuver split case and submersible pumps, motors and components up to 3,500lbs at heights or depths up to 50' 7. Ability to hoist and maneuver vertical line shaft well pumps and motors up to 300HP and 500' deep The Contractor shall communicate and advise the City on the condition of equipment and the required actions to complete maintenance and repair services. Only new parts or components may be used. "Like -new" or reconditioned parts or components require prior approval from the City and should only be considered in emergency or extenuating circumstances. Specific work requirements will be identified in each individual project as they are deemed necessary and approved by the City. Contractor labor rates set forth herein shall remain fixed and firm for the term of the contract. Material costs shall be paid at cost for each project at time services are requested. Proposal Submissions Due to the broad nature of the scope of work within this RFP, and the potential to award this contract to multiple vendors, the City will consider partial submissions that will only service specific equipment and/or facilities. If partial submission is to be made, proposer will be required to identify one or more categories they are submitting for in Section 8 (Cost Proposal) of the RFP. Proposers will not be considered for categories they do not select and will not be penalized for not electing to service all categories. The selection criteria will remain at the best value for the City as determined by the evaluation committee and the criteria laid out in Section 2.5 of this RFP. Awarding The City of Schertz anticipates awarding this on -call contract to one or more vendors based on the best value for the City. Proposers may elect to submit a proposal for any or all categories, and each category will be evaluated independently and awarded as such. Award of a contract for one category does not guarantee award of all categories that a proposer submits a proposal for. Criteria for award is outlined in Section 2.5 of this RFP. Award of this contract does not come with any guarantee of a minimum or maximum amount of work as it is an on -call, as -needed basis. If awarded to multiple vendors efforts will be made to equitably split the work as needed, however, response time and price will be considered a factor in the final decision of who will be assigned the work. General Information Because any work under this contract is an on -call contract service, exact project specifications are not available. General specifications are included in this solicitation and form the basis for any work to be performed. The specifications are intended to indicate the requirements of the City which include generally accepted practice in the construction industry. To determine the price of any work performed under the on -call services contract, respondent's labor costs shall remain fixed, and firm provided in response. Material costs shall be paid at cost for each project at time services are requested (plus factor, if applicable). Selected respondent(s) shall be responsible for complying with all Federal, State, County, and City laws, codes, and ordinances applicable to the performance of any work resulting from this RFP. Selected respondents are also required to adhere to all applicable local environmental ordinances. The selected respondent shall be responsible for obtaining all required permits applicable to performance under any single order placed against this RFP. Selected respondent(s) must be available to provide service twenty-four (24) hours a day, seven (7) days a week, 365-days a year, including holidays throughout the duration of the contract, and are to give "priority" to all City trade service requests. Response times for trade work will be answered within a 24-hour period. Service will be performed at a variety of City locations, including, but not limited to, restricted areas. All unique requirements and regulations for each location shall be strictly followed by the selected respondent and personnel, and subcontractor's and personnel. The City, at its sole discretion, may request a criminal background check on any personnel entering City property. The City, at its sole discretion, has the right to restrict any respondent's employee or subcontractor's employee who has questionable actions or background or criminal check results. Scheduling of Work Contractors must be able to provide service twenty-four (24) hours a day, seven (7) days a week, 365 days a year, including holidays throughout the duration of the contract. The City must be given "priority" to all City service requests. Response times to normal service calls shall be within a 24-hour period. Response times to emergency service calls shall be within a 2-hour period Respondent shall provide City with a schedule indicating the date and time personnel will be at a particular facility to perform work. This schedule must be provided PRIOR to arrival at any facility. Respondent shall diligently prosecute the work to completion within the time set forth for each individual project. The period of performance shall include allowance for mobilization, holidays, weekend days, normal inclement weather, and cleanup. When possible, respondents must ensure that the purchase, delivery and storage of materials and equipment are made without interference with City operations and personnel. Respondents shall take all necessary precautions to ensure that no damage shall result from operations on private or public property. All damage must be reported, repaired or replaced by respondents at no cost to the City. Respondent must at all times keep the site, including storage areas, free from accumulations of waste materials. Before completing the work, respondents must remove from the premises all rubbish, tools, scaffolding, equipment, and materials, not the property of the City. Upon completing the work, Respondent must leave the site in a clean and orderly condition satisfactory to the City. Final cleanup is part of the project, and respondents are responsible for all constructions, refuse disposal containers and their removal from the site. Warranty General Warranty. Respondents shall warrant that work performed conforms to the project specifications or PO requirements and is free of any defect in equipment, material, or workmanship performed by respondent or any of its subcontractors or suppliers at any tier. All work provided by respondents shall be warranted for a minimum period of 1 year from the date of final acceptance of the work. Performance Warranty Work performed under the on -call services contract shall meet all applicable standards and codes. Respondents shall guarantee all work against any defects in workmanship, and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of 1 year after completion of work. The warranty period shall commence upon date of acceptance by the City. Material Warranty Materials provided shall be in current production, as offered to commercial trade, and shall be of quality material. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED OR DISCONTINUED MATERIALS ARE NOT ACCEPTABLE, unless previously approved by the City. Materials shall be warranted against material defects and defects in workmanship for a period of not less than l year. The warranty period shall commence upon date of acceptance by the City. If the manufacturer's standard warranty period exceeds one year, then the warranty period below shall be the length of the manufacturer's warranty. Respondents shall be ultimately responsible for the warranty. Respondents shall provide the City with all manufacturers' warranty documents upon completion of service prior to leaving the job site. Exhibit A - Bid Table Success: All data is valid[ . . Bi Decision Category I: Potable Water Facility Pumps and Motors Success: All values provided Bid #1-1 Service Call: Onsite Inspection/Troubleshooting During Business hours (Mon -Fri 7:30am-6:OOpm) Emergency Service Call: Onsite Success: All values provided Bid #1-2 Inspection/Troubleshooting Outside Business hours I Success: All values provided Bid #1-3 Crane Service: 15- & 18-ton crane with operator Success: All values provided Bid #14 Crane Service: 15- & 184on cranes with two (: person crew Success: All values provided Bid #1-5 Rig Time: Commercial Size Rig — Labor and Service Truck / 3-person crew Success: All values provided Bid #1-6 Rig Time: Residential Rig — Labor / 2-person crew Success: All values provided Bid #1-7 Shop Labor: Pumping equipment break down, In- house inspection, rebuild 1 f 0 Success: All values provided Bid #1-8 Overtime Shop Labor: Pumping equipment tear down, in-house inspection, rebuild Success: All values provided Bid #1-9 Service Truck and 2-person crew Success: All values provided Bid #1-10 Emergency Service Call: Holidays Success: All values provided Bid #1-11 Emergency Rig Rate: Weekends & Afterhours Success: All values provided Bid #1-12 Emergency Rig Rate: Holidays Success: All values provided Bid #1-13 Fabrication Services Category II: Raw Water Facility Pumps and Motors Success: All values provided Bid #2-1 Service Call: Onsite Inspection/Troubleshooting 1 During Business hours (Mon -Fri 7:30am-5:OOpm) Emergency Service Call: Onsite Success: All values provided Bid #2-2 Inspection/Troubleshooting Outside Business 1 hours Success: All values provided Bid #2-3 Crane Service: 15- & 184on crane with operator 1 1 Success: All values provided Bid #2-4 Crane Service: 15- & 18-ton cranes with two (2) 1 person crew Success: All values provided Bid #2-5 Rig Time: Commercial Size Rig — Labor and 1 Service Truck / 3-person crew Success: All values provided Bid #2-6 Rig Time: Residential Rig — Labor / 2-person crew 1 Success: All values provided Bid #2-7 Shop Labor: Pumping equipment break down, In- 1 house inspection, rebuild Success: All values provided Bid #2-8 Overtime Shop Labor: Pumping equipment tear 1 down, in-house inspection, rebuild Success: All values provided Bid #2-9 Service Truck and 2-person crew 1 Success: All values provided Bid #2-10 Emergency Service Call: Holidays 1 Success: All values provided Bid #2-11 Emergency Rig Rate: Weekends & Afterhours 1 Success: All values provided Bid #2-12 Emergency Rig Rate: Holidays 1 Success: All values provided Bid #2-13 Fabrication Services 1 Category III: Wastewater Facility Pumps and Motors FService Call: Onsite Inspection/Troubleshooting Not Bidding #3-1 During Business hours (Mon -Fri 7:30am-6:00pm) 1 Emergency Service Call: Onsite T Not Bidding #3-2 Inspection/Troubleshooting Outside Business hours Not Bidding No Bid #3-3 Crane Service: 15- & 18-ton crane with operator 1 Not Bidding No Bid #34 Crane Service: 15- & 18-ton cranes with two (2) 1 person crew I Not Bidding NO Bid #3-5 Rig Time: Commercial Size Rig — Labor and 1 Service Truck / 3-person crew i Not Bidding No Bid, #3-6 Rig Time: Residential Rig — Labor / 2-person crew 1 I Not Bidding I No Bid #3-7 Shop Labor: Pumping equipment break down, In- 1 fl house inspection, rebuild -- I Not Bidding No Bid #3-8 Overtime Shop Labor: Pumping equipment tear 1 down, in-house inspection, rebuild Not Bidding No Bid #3-9 Service Truck and 2-person crew 1 Not Bidding No Bid #3-10 Emergency Service Call: Holidays 1 Not Bidding 7No Bid #3-11 Emergency Rig Rate: Weekends & Afterhours 1 Not Bidding No Bid #3-12 Not Bidding No Bid #3-13 Emergency Rig Rate: Holidays Fabrication Services Exhibit "B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non -renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B+. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz Purchasing Department 1400 Schertz Parkway Schertz, TX 78154 entailed to: purchasing({T'schertz.com Faxed to: 210-619-1169 CITY OF SCHERTZ Service Agreement ERTIFICATE OF I BILIT Y It11SURA CE OA 9hh'1l090OPA�lra. o1iviJi64b T1ir8 conTmeATYs is issuan AS aA MATTMA OF INVO11MAY100 ONLY AW CONFERS NO Ell4Fi'T8 Upon arum MRAPMATH H DLDI! R Vill$ 01IRTIFIOAT[1 Was IIOT AFiWItItiWWoLY !OR NCIiIAvmLY dAlA11�LMpy C.RTem" fALTUR T1 K COV011AGH AFFORDED BY 7110 POWN11ll BIIt.OW T1118 DIERTIFODA,T11 OF INIBURANOR 0000 NOT CONBTIfIJTu A CON 811TVI[ERN 1140 IOUING 14SUROB18h WFOORM-0 AtPM 9NTAT1VEOR'FiiO®UOMP.ANATII6!M gRllFiOATBIIDLT1F.Il. IMR IAIITe Itil► *rrlllla�4altokNorlaasune 4C�ITIQN►A4IWOURIAJIMPalNr Q41)hoCtI&NO& IfSUBROGATION W WWVOOi o0joalWho llolrlu MW ttalrlldillotrrl aI lhtr p$143t. ♦o4 14n Fotlaiap Mly Ir,04111ro nrl *Ikk Wieffl. A i1tIt4I1191lt ar► 01k cw*lco" don Mel colrtor1l9149 W IILa cadllluote ii'olri4r In moll Clelgll rutoorlrr>ta Enz AW Iftwonm Apxy 00 656 Natn Blradl tGOW, FL33333tM n Ar _£BraIht oeavn+tua.=_ r ul en f uranoa Cmr�far _ MUM* Lt#4r {� WOOD nRarwi' vaywtllI uranooCartiar_. 45000 D 1� A"sirew1 Lt11l�Re _pLlrlo�I�44�rri4r - Itiam, FL9 11M#1nBRB1 lrl�Iltmoa t=rlor QD404 lgE ONIMI&IWAD PLOY F �?� �9C16�INtrtM�.'rNRAt.L4t�tp'Y commm LM A - 1l X120460 Wfi MOEN HIMICED BY IUD CLAWS. (fj A V(6id 1EILE Lt/1BILlr1r .l I t _ Lmr 4 ll��T�rdAUTo 90MYa►el�rOar(r"Wo ! SIP' to IINLQAVIM AU! i1d�971�► [111tt11i@0 I►11�iIJI40o OWLY 111my CFW 144A0Ar+Q _ � 4 �{ UWBlflLUhLLiB x �06LYI ---- - FAaILt51G1lI11UE#M tt Mi Rnt",91l41F ¢UlY jypt141 azletee ! _ IL WtypN9L0 8r&IWBRrypw -- x O � EAS firn pA�µ� a�j►� we s�rnrao N s. I w�u LQLOf1l,Lll1 ntA �V {M�IZ34 �Iito1now Did Viggo _ I � t ��. q� EL*ArAU-CAMi E 6 E L CIII:ASE.1'p1CYlllllf i �� c� Ihrddel'a•Rlek - L y Y 12UN tF1iAi11IloR 0110111W 1 InsUrabluYe�th�I>le tlnieoal6ilir Ft1ali0alianalGarylkos>i4.[i(.09Uoedreldlrml.Op1I�I18o o nt� ot#aMP5lollvlh �rr�U►� aoa+rnoiri rvsncLAri l�lbm61WCt1i� I�4 �adeomlLea,mlrkl �hr�try flan lll�c.911w�uwep EfadNaJmrn►taryi.2n12moathim tornlgllantWilt'ChaF'lorfoil, fi ills #{I#Ui tynapledIrXTttorlaLajtllelarbIIIeevilonin2Qiif}. C C= I pi_r]Glt �pll' KO E1.t TIOh! - It I ROULf1 ANY GF 711L111i6QY111B DIMMI) } P4 MO$ 00, 041401tL ID MOV0110 Cllylsl3chell THIJ FkPIM'WN I)AI t THRUM. "TICE MU, On DEURMI? IN' 1+1 8chuftz Parkway- N EiitiTli7HIfa Dw 1rAR4ile Nt, Schatiz, Tx 70104 Attm �PurGNo6:wn 00p1: ntlnlonae!lrtwltilucrl►trrtin S AUTJ$plitYE1CL SION 4T1JM E RMU1RE0IW - - - 0100"Mwi0A130110 00RIAMT 0N. All OV110 rSemrwad. ACOR0 28 (20MIS) Tho A' OR0 name anti {'oleo mm w0cltotaid rrmoft of ACOIRD (Instructions for completing and submitting a certificate to the City of Schertz) CITY OF SCHERTZ Service Agreement Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non -Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non -renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ Service Agreement Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ Service Agreement CERTIFICATE OF LIABILITY INSURANCE 10/14/2025 T DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACr BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must haveADDITIONAL INSURED provisions or be endorsed. Il'SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Matthew Patterson Matthew Patterson(1936374) PHONE FAX 222 E Hutchison St WC, NO, EXT): 512-396-1234 (A/c, NO): 512-396-5548 E-MAIL San Marcos TX 78666-5682 ADDRESS: mpatterson@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Everest Denali Ins Cc ADVANCED WATER WELL TECHNOLOGIES INSURER B: Everest Indemnity Ins Co INSURERc: Texas Mutual Insurance Company 524210 14394 E INTERSTATE HIGHWAY 10 INSURERD: Liberty Mutual Insurance Company 23043 CONVERSE TX 78109 INSURER E: Westchester Surplus Lines Ins Co INSURER F: Evanston Ins Co COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMEABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADDTL I SUBR POLICYNUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X Blanket Addtl Ins B X Blanket Waiver of Sub Y GENT AGGREGATE LIMITAPPLIES PER: POLICY ❑ PROJECT ❑ LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO A OWNEDAUTOS v SCHEDULED ONLY /� AUTOS Y HIREDAUTOS X NON -OWNED ONLY AUTOS ONLY J UMBRELLALIAB X OCCUR B J;EXCESS LIAB CLAIMS -MADE D RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/ Y/N EXECUTIVE OFFICER/MEMBER C EXCLUDED? (Mandatory in NH) I N Ifyes, describe under DESCRIPTION OF OPERATIONS below D 'INLAND MARINE/EQUIP POLICY CONTRACTORS EQUIP CVG Y JEN4ML00672241 Y LN4CA00949241 Y Y EN4CU007162411 N/A Y 0001260600 10/24/2024 10/24/2024 I 10/24/2025 EACH OCCURRENCE $ 1,00( DAMAGE TO RENTED PREMISES (Ea Occurrence) $ 10C MED EXP (Anyone person) $ c PERSONAL &ADV INJURY $ 1,000 GENERAL AGGREGATE $ 2,000 PRODUCTS-COMP/OPAGG $ 2,000 Pollution Liab: $ 2 mil 10/24/2025 4 COMBINED SINGLE LIMIT (Ea accident) $ 1,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peraccident) $ 10/24/2024 10/24/2025 11/07/2024 11/07/2025 EACH OCCURRENCE $ 5, AGGREGATE $ 5 X STATUTE OTHER $ E.L. EACH ACCIDENT $ 1, E.L. DISEASE -EA EMPLOYEE 1 E.L. DISEASE -POLICY LIMIT $ 1, Y I Y 'BMO(22)63912410 10/24/2024 I 10/24/2025 I I I I _I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if morespace is required) CERTIFICATE HOLDER City of Schertz 1400 Schertz Pkwy 1,124, CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Matthew Patterson TX �81L4 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All Rights Reserved 31-1769 11-15 The ACORD name and loco are recjstered marks of ACORD EXHIBIT B SERVICES AGREEMENT (KUTSCHER DRILLING, LTD) CITY OF SCHERTZ SERVICE AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ("Agreement") is made and entered by and between the City of Schertz, Texas, (the "City") a Texas municipality, and Kutscher Drilling, LTD ("Contractor"). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect through November 30, 2028 with the option to renew for two (2) additional terms of one (1) year each unless terminated as provided for in this Agreement. Section 2. Scone of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A". The work as described in the Scope of Work constitutes the "Project". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in full upon completion of the project or in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act"), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. (D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to Contractor. CITY OF SCHERTZ PAGE 1 Kutscher Drilling, LTD Service Agreement (1) All payments or expenditures made by the City under this Agreement are subject to the City's appropriation of funds for such payments or expenditures to be paid in the budget year for which they are made. (2) The payments to be made to Contractor, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the City as may be legally set aside for the implementation of Article I1I, Section 52-a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized by statute or home rule powers of the City under applicable Texas law, subject to any applicable limitations or procedural requirements. (3) In the event the City does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement, the City shall not be liable to Contractor for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Contractor, in its sole discretion, shall have the right but not the obligation to tenninate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. (4) To the extent there is a conflict between this Section and any other language or covenants in this Agreement, this Section 3 shall control. Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. (A) Contract Times: Days The Work is expected to be substantially completed within calendar days after the Notice to Proceed is given ("Substantial Completion") (B) Liquidated Damages Contractor and Owner recognize that time is of the essence as stated above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in the Scope of Work, plus any extensions thereof allowed in accordance with the Contract. The Contractor acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The Contractor further acknowledges and agrees that, if the Contractor fails to substantially, or cause the Substantial Completion of any portion of the Work within the Contract time, the Owner will sustain actual damages because of such failure. The exact amount of such damage will be difficult to ascertain. Therefore, the Owner and Contractor agree that, if the Contractor shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial Completion date, subject to proper extension granted by the Owner, then the Contractor agrees to pay the Owner the sum of Six hundred dollars ($600.00) per day for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ("Liquidated Damages") that would be suffered by Owner as a result of delay for each and every calendar day that the Contractor shall have failed to have completed the Work as CITY OF SCHERTZ PAGE 2 Kutscher Drilling, LTD Service Agreement required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by the Owner as a result of the failure of Contractor to complete within the Contract Time. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. The contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers' liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall cant' and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damage sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the tern of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non -assessable insurance company licensed to do business in the State of Texas and currently rated "B+" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. CITY OF SCI3ERTZ PAGE 3 Kutscher Drilling, LTD Service Agreement Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement, or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self-employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non -Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this CrrY OF SCHERTZ PAGE 4 Kutscher Drilling, LTD SerAce Agreement subsection. (F) Conflict of Terms. Scope of work: In the case of any conflicts between the terms of this Agreement within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Other Agreements between parties: In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement, this Agreement shall govern. (G) Non -Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. Relevant definitions from the bill: "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. (H) Non -Boycott of Energy. Pursuant to Texas Senate Bill 13 (2021), Contractor certifies that either (i) it does not boycott Israel and will not boycott energy companies; and (2) will not boycott energy companies during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. (I) Non -Boycott of Firearm Entity. Pursuant to Texas Senate Bill 19 (2021), Contractor certifies that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate during the term of the contract against a firearm entity or firearm trade association. (J) Access to Premises. Authorized representatives of the Contractor will be allowed access to the facilities on City premises at reasonable times to fulfil the obligations of the Contractor regarding such facilities. The contractor shall adhere to all City rules, regulations, and guidelines while on City property. It is expressly understood that the City may limit or restrict the right of access herein granted in any manner considered necessary (e.g., national security, CITY OF SCHERTZ PAGE 5 Kutscher Drilling, LTD Service Agreement public safety). (x) INTERLOCAL PARTICIPATION The City may enter Interlocal Cooperation Purchasing Agreements with other governmental entities or governmental cooperatives (hereafter collectively referred to as "Entity" or "Entities") to enhance the City's purchasing power. At the City's sole discretion and option, City may inform other Entities that they may acquire items listed in this IFB. Such acquisition(s) shall be at the prices stated herein and shall be subject to bidder's acceptance. Entities desiring to acquire items listed in this IFB, shall be listed on a rider attached hereto, if known at the time of issuance of the IFB. City may issue subsequent riders after contract award setting forth additional Entities desiring to utilize this bid. VENDOR shall sign and return any subsequently issued riders within ten calendar days of receipt. In no event shall City be considered a dealer, re -marketer, agent or other representative of Vendor or Entity. Further, City shall not be considered and is not an agent; partner or representative of the Entity making purchases hereunder, and shall not be obligated or liable for any such order. Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable or responsible for any obligations, including, but not limited to, payment, and for any item ordered by an entity other than City. Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided materials in City's presentations and promotions regarding the availability of use of this contract. The City makes no representation or guarantee as to any minimum amount being purchased by City or Entities, or whether Entity will purchase utilizing City's contract. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for CITY OF SCHERTZ PAGE 6 Kutscher Drilling, LTD Service Agreement those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. Notices Any notice required or desired to be given from one parry to the other parry to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is received by the other party, the last address of such party designated for notice shall remain such parry's address for notice. Section 10. No Assignment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided CITY OF SCHERTZ PAGE 7 Kutscher Drilling, LTD Service Agreement herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 13. Governing Law; Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 14. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 15. Binding. Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits & Attachments All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement, which incorporates the original RFP, Contractor's Response to RFP, and Purchase Order(s) issued for payment contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Order of Precedence. In the event of a conflict between the terms and conditions included in the body of this Agreement and the terms and conditions included in any of the incorporated documents, the order of precedence shall be: (a)Agreement; (b) the attachments and/or exhibits to Agreement, (c)Contractor's Response to RFP, and (d) Purchase Order(s). CITY OF SCHERTZ PAGE 8 Kutscher Drilling, LTD Service Agreement Section 20. Relationshiv of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third parry to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 21. Rieht To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of. (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEx. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other parry, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied parry, the dissatisfied party shall give notice to that effect to the other party whereupon each parry shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships/Affiliations; Conflict of Interest Questionnaire Contractor states that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, htps://www.ethics.state.tx.us/whatsnew/elf info forml295.htm and https://www.ethics.state.tx.us/tec/1295-Info.htm for more information. CITY OF SCHERTZ PAGE 9 Kutscher Drilling, LTD Service Agreement IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 10 Service Agreement EXECUTED on this the day of , 20 CITY: CONTRACTOR: By: By: Name: Steve Williams Name: Title: City Manager Title: ADDRESS FOR NOTICE: CITY: City of Schertz Attn: Steve Williams, City Manager 1400 Schertz Parkway Schertz, Texas 78154 CONTRACTOR: CITY OF SCHERTZ PAGE 11 Service Agreement EXHIBIT A SCOPE OF WORK General The minimum requirements and the specifications for the Services, as well as certain requests for information to be provided by Proposer as part of its proposal, are set forth below. Project Scope The City of Schertz is seeking proposals to provide On -call maintenance/repair services for the pumps and motors located at the various potable water, raw water and wastewater facilities throughout the City of Schertz. Respondents to this RFP should demonstrate knowledge and experience in maintenance and repair of various types of pumps and motors that will allow the City of Schertz to obtain cost effective delivery of high -quality service in a prompt and reliable manner. The City of Schertz operates a variety of water production, distribution and wastewater collection systems. These systems utilize a variety of different styles and sizes of pumps, motors and associated components and supporting equipment. For the purpose of this contract, maintenance and repair is defined as work that involves the maintenance, repair, replacement or rehabilitation of a broken system, component(s), or sub-component(s) of a pump or motor. These systems, components or sub -components include but are not limited to: 1. Vertical turbine pumps and motors 2. Vertical line shaft well pumps and motors 3. Split -case horizontal pumps and motors 4. Submersible pumps (potable, raw and wastewater) 5. Hydraulic control devices such as PRVs and check valves 6. Plumbing (DI, Steel, PVC, etc.) 7. Motor starting and control equipment 8. Pump instrumentation and metering equipment 9. Pump and motor mechanical devices and apparatuses Contractors shall furnish all labor, supervision, tools, equipment, materials, metering instruments, supplies, parts, transportation, mobilization, insurance, bonds, permits, incidentals, and quality control necessary to provide pump and/or motor maintenance and repair services on an "as -needed basis". Pump and/or motor maintenance and repair services may include, but are not limited to the following: 1. Troubleshooting and technical assistance 2. Fabrication capabilities 3. Repair capabilities 4. Pump and motor upgrades and/or modifications 5. Instrumentation, metering and alignment testing and validation 6. Ability to hoist and maneuver split case and submersible pumps, motors and components up to 3,5001bs at heights or depths up to 50' 7. Ability to hoist and maneuver vertical line shaft well pumps and motors up to 300HP and 500' deep The Contractor shall communicate and advise the City on the condition of equipment and the required actions to complete maintenance and repair services. Only new parts or components may be used. "Like -new" or reconditioned parts or components require prior approval from the City and should only be considered in emergency or extenuating circumstances. Specific work requirements will be identified in each individual project as they are deemed necessary and approved by the City. Contractor labor rates set forth herein shall remain fixed and firm for the term of the contract. Material costs shall be paid at cost for each project at time services are requested. Proposal Submissions Due to the broad nature of the scope of work within this RFP, and the potential to award this contract to multiple vendors, the City will consider partial submissions that will only service specific equipment and/or facilities. If partial submission is to be made, proposer will be required to identify one or more categories they are submitting for in Section 8 (Cost Proposal) of the RFP. Proposers will not be considered for categories they do not select and will not be penalized for not electing to service all categories. The selection criteria will remain at the best value for the City as determined by the evaluation committee and the criteria laid out in Section 2.5 of this RFP. Awarding The City of Schertz anticipates awarding this on -call contract to one or more vendors based on the best value for the City. Proposers may elect to submit a proposal for any or all categories, and each category will be evaluated independently and awarded as such. Award of a contract for one category does not guarantee award of all categories that a proposer submits a proposal for. Criteria for award is outlined in Section 2.5 of this RFP. Award of this contract does not come with any guarantee of a minimum or maximum amount of work as it is an on -call, as -needed basis. If awarded to multiple vendors efforts will be made to equitably split the work as needed, however, response time and price will be considered a factor in the final decision of who will be assigned the work. General Information Because any work under this contract is an on -call contract service, exact project specifications are not available. General specifications are included in this solicitation and form the basis for any work to be performed. The specifications are intended to indicate the requirements of the City which include generally accepted practice in the construction industry. To determine the price of any work performed under the on -call services contract, respondent's labor costs shall remain fixed, and firm provided in response. Material costs shall be paid at cost for each project at time services are requested (plus factor, if applicable). Selected respondent(s) shall be responsible for complying with all Federal, State, County, and City laws, codes, and ordinances applicable to the performance of any work resulting from this RFP. Selected respondents are also required to adhere to all applicable local environmental ordinances. The selected respondent shall be responsible for obtaining all required permits applicable to performance under any single order placed against this RFP. Selected respondent(s) must be available to provide service twenty-four (24) hours a day, seven (7) days a week, 365-days a year, including holidays throughout the duration of the contract, and are to give "priority" to all City trade service requests. Response times for trade work will be answered within a 24-hour period. Service will be performed at a variety of City locations, including, but not limited to, restricted areas. All unique requirements and regulations for each location shall be strictly followed by the selected respondent and personnel, and subcontractor's and personnel. The City, at its sole discretion, may request a criminal background check on any personnel entering City property. The City, at its sole discretion, has the right to restrict any respondent's employee or subcontractor's employee who has questionable actions or background or criminal check results. Scheduling of Work Contractors must be able to provide service twenty-four (24) hours a day, seven (7) days a week, 365 days a year, including holidays throughout the duration of the contract. The City must be given "priority" to all City service requests. Response times to normal service calls shall be within a 24-hour period. Response times to emergency service calls shall be within a 2-hour period Respondent shall provide City with a schedule indicating the date and time personnel will be at a particular facility to perform work. This schedule must be provided PRIOR to arrival at any facility. Respondent shall diligently prosecute the work to completion within the time set forth for each individual project. The period of performance shall include allowance for mobilization, holidays, weekend days, normal inclement weather, and cleanup. When possible, respondents must ensure that the purchase, delivery and storage of materials and equipment are made without interference with City operations and personnel. Respondents shall take all necessary precautions to ensure that no damage shall result from operations on private or public property. All damage must be reported, repaired or replaced by respondents at no cost to the City. Respondent must at all times keep the site, including storage areas, free from accumulations of waste materials. Before completing the work, respondents must remove from the premises all rubbish, tools, scaffolding, equipment, and materials, not the property of the City. Upon completing the work, Respondent must leave the site in a clean and orderly condition satisfactory to the City. Final cleanup is part of the project, and respondents are responsible for all constructions, refuse disposal containers and their removal from the site. Warranty General Warranty. Respondents shall warrant that work performed conforms to the project specifications or PO requirements and is free of any defect in equipment, material, or workmanship performed by respondent or any of its subcontractors or suppliers at any tier. All work provided by respondents shall be warranted for a minimum period of 1 year from the date of final acceptance of the work. Performance Warranty Work performed under the on -call services contract shall meet all applicable standards and codes. Respondents shall guarantee all work against any defects in workmanship, and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of 1 year after completion of work. The warranty period shall commence upon date of acceptance by the City. Material Warranty Materials provided shall be in current production, as offered to commercial trade, and shall be of quality material. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED OR DISCONTINUED MATERIALS ARE NOT ACCEPTABLE, unless previously approved by the City. Materials shall be warranted against material defects and defects in workmanship for a period of not less than 1 year. The warranty period shall commence upon date of acceptance by the City. If the manufacturer's standard warranty period exceeds one year, then the warranty period below shall be the length of the manufacturer's warranty. Respondents shall be ultimately responsible for the warranty. Respondents shall provide the City with all manufacturers' warranty documents upon completion of service prior to leaving the job site. Exhibit A - Bid Tables M�� IL Unit Price Category I: Potable Water Facility Pumps and Motors Success: All values Bid #1-1 provided Success: All values Bid #1-2 provided Service Call: Onsite Inspection/Troubleshooti ng During Business hours (Mon -Fri 7:30am- 5:00pm) Emergency Service Call: Onsite Inspection/Troubleshooti ng Outside Business hours 1 1 $ 300.00 $ 350.00 Success: All Crane Service: 15- & 18- values Bid #1-3 1 � $ 190.00 provided ton crane with operator Success: All Crane Service: 15- & 18- values Bid #14 ton cranes with two (2) provided person crew Rig Time: Commercial Success: All values Bid #1-5 Size Rig —Labor and provided Service Truck / 3-person crew Success: All Rig Time: Residential Rig values Bid #1-6 provided I —Labor / 2-person crew f Success: All values provided Success: All values provided Success: All values provided Success: All values provided I Shop Labor: Pumping Bid #1-7 equipment break down, In-house inspection, rebuild Overtime Shop Labor: Bid #1-8 Pumping equipment tear down, in-house inspection, rebuild Bid #1-9 Service Truck and 2- person crew Bid #1-10 Emergency Service Call: Holidays 1 1 1 1 1 1 1 $ 145.00 $ 300.00 $ 275.00 $ 195.00 $ 225.00 $ 275.00 $ 450.00 Success: All Emergency Rig Rate values Bid #1-11 provided Weekends & Afterhou Success: All Emergency Rig Rate values Bid #1-12 provided I Holidays Success: All values Bid #1-13 Fabrication Service: provided Category II: Raw Water Facility Pumps and Motors Service Call: Onsite { Success: All Inspection/Troubleshooti values Bid #2-1 ng During Business provided hours (Mon -Fri 7:30am- 5:00pm) Emergency Service Call: Success: All Onsite values Bid #2-2 Inspection/Troubleshooti provided ng Outside Business hours L 1 1 E, $ 450.00 $ 160.00 $ 300.00 $ 350.00 Success: All values Bid #2-3 Crane Service: 15- & provided ton crane with operas Success: All Crane Service: 15- & values Bid #2-4 ton cranes with two provided person crew Rig Time: Commerci Success: All values Bid #2-5 Size Rig — Labor ani provided Service Truck / 3-pers crew Success: All RigTime: Residential values Bid #2-6 provided —Labor / 2-person crE Success: All values L provided f Success: All values provided Success: All values provided I Shop Labor: Pumpin Bid #2-7 equipment break dove In-house inspection rebuild Overtime Shop Labo Bid #2-8 Pumping equipment tE down, in-house inspection, rebuild Bid #2 9 Service Truck and 2. person crew 190.00 145.00 275.00 195.00 >_25.00 '.75.00 Success: All values provided Success: All values provided Success: All values provided Success: All values provided Bid #2-10 Emergency Service Call: Holidays I Bid #2-11 Emergency Rig Rate: Weekends & Afterhours Bid #2-12 Emergency Rig Rate: Holidays Bid #2-13 0 Fabrication Services Category III: Wastewater Facility Pumps and rotors Service Call: Onsite Inspection/Troubleshooti Not Bidding Jo Bh #3-1 1 ng During Business hours (Mon -Fri 7:30am- 5:OOpm) Emergency Service Call: Onsite Not Bidding #3-2 Inspection/Troubleshooti ng Outside Business hours 1 1 $ 450.00 $ 400.00 $ 450.00 $ 160.00 7 Not Bidding Bb #3-3 Crane Service: 15- & 18- ton crane with operator I . Crane Service: 15- & 18- Not Bidding Jo Bj #34 ton cranes with two (2) person crew I� Rig Time: Commercial Not Bidding �o Bi { #3-5 Size Rig — Labor and Service Truck / 3-person crew Not Bidding 40 Bit #3-6 Not Bidding 40 Bi #3-7 Rig Time: Residential Rig — Labor / 2-person crew Shop Labor: Pumping equipment break down, In-house inspection, rebuild Overtime Shop Labor: Not Bidding 'Jo Bb #3-8 Pumping equipment tear down, in-house inspection, rebuild Not Bidding j #3-9 Service Truck and 2- person crew L 1 1 F 1 Not Bidding #3-10 Not Bidding ►gyp 8 #3-11 Not Bidding 40 Biti #3-12 Not Bidding p M #3-13 .. 10� Grand Total Emergency Service Call: Holidays Emergency Rig Rate: Weekends & Afterhours Emergency Rig Rate: Holidays Fabrication Services 1 1 1 1 Primary Responses Success: All data is valid! Alternate Service Proposals Success: All Bid #1-1 Alternate Service 1 1 values provided Not Bidding M #1-2 Alternate Service 2 1 Not Bidding No Bit. #1-3 Alternate Service 3 1 Not Bidding No Bid #1-4 Alternate Service 4 1 Not Bidding #1-5 Alternate Service 5 1 Not Bidding #1-6 Alternate Service 6 1 Not Bidding #1-7 Alternate Service 7 1 Drilling Rig Jq, Per Hour 1 $ 450.00 Not Bidding No Bid #1-8 Alterna1e1 Service 1 Not Bidding No Bid #1-9 Alternate Service 8 1 Not Bidding No Bid #1-10 Alternate Service 9 1 Not Bidding No Bid #1-11 AlternatleOService 1 i Not Bidding No Bid #1-12 Alterna fe2Service 1 i IC Basket Total � OF. Exhibit "B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non -renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B+. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz Purchasing Department 1400 Schertz Parkway Schertz, TX 78154 emailed to: purchasinp-(a-)schertz.com Faxed to: 210-619-1169 CITY OF SCHERTZ Service Agreement CERTIFICATE OF UABUTY IMSUIiACE (Dr 0Ii0111AC+b THIS C IRWIOATa 10 1881181) AS A MATUR OF INFOR AATI0iM ONLY AND GONFER8 NO Rams upow 711E 061110MATI1 HOLDEFL Ville 01MMA►4T1 DONS NOT A1'I'1RRMMWMY OR 1IEMMLY M�CMpp��, L efilb(� A►"LTRR 'i1R -CdV1 MOR AtiFFORllE9 BY 'RIO P01,10lE8 EiEAdO'Nr, T1118 CHR'lIf±10ATO Of INIT1111A NOS F)CWQ NOT Cr'�)f'10T1iUTH A CONTTt+4OT 611"WIMN THO IMINO 1!f9UFteR14., A IO1I 0 FI111M0MikME oR P R0DUOUM AND Will 091111ROATE iil7LIDEM IMPCxT ANT! 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WIN EwroQewnM% i 1 i W. � e y rx, mn U lJL liCl'T�al svarrup�err�ii�+++�1 e 01,01000 OOC[LYlp.11Xciirhr�wa�rq 1 4U0.111000 I 01101fiew re I M.U.rArulWOVE IilUlE.1 MJrudar 1 E9I 000 I biu#:' h�fa 1 ll 11: e 1 V Y 123450 0110111I>tTb 0110111"0 -^- 1-11 —rB a �i»Ala an _._ f�ltifa�litargal iBerv6r�a 1 i� far, eel ttelra 1 s<1.IlUp�10 1t>IW'IrM$d' CiPF.RAliaW LOaN►Tlar $ rvancLst iffitnIsA000194 AddPlonkt1wr kki 1p *Mk, Idwr# 4"Im swat* 111160WJammry1.2012ftwe1h9IIaAtWM1Dlieptar1011,Tex aLi%do[Nf342$a LdedliyrTonsL"IslakorA6a"o*1olmIn 11. OP 140001(yl Qh irtz �Qtre�riz faa�k+�� €�1� � SrAiedz, Tx 70164 Attn: Purchasing D8,pl, A4CORD R®1[241001) CANCatATIONf 1 8N0ULD ANV OP 71M AVOW a16Il4Plpl W POI AIM W 000MLLOD 88POM THU 87iINMWN IDAT8 1HeReM4 RD11Qt WM, 96 DEk1V8UD IN M�5151N3,1N0Egai1lfl�I TIlrB f'iaiiOY l'I44i'1@NiIWl: wane MIDhrrwititierAIM � 141lITfIU1t1EEO 8d4H14TNliiE FiEiit11111=i) iflrFkAi 0100"010 ACCORD CORi*C1M' MN. All fthlle rmrvod Tha A0W0 memo and1.0.0o situ weid ` ocl meet of ArCORD (Instructions for completing and submitting a certificate to the City of Schertz) CITY OF SCHERTZ Service Agreement Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non -Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non -renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. IS 11. 15 5, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCIIERTZ Service Agreement Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ Service Agreement AOC"RO® CERTIFICATE OF LIABILITY INSURANCE 710/16/2025 E(MM/DD/YYYY) �� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT GBMB Insurance Agency LLC PHONE Elaine Tope FAx P. O. Box 790828 jpp Ext1:. 210-366-5094 Alc No : 210-366-9549 IA7 San Antonio TX 78279-0828 ADDRESS: elainet@gbmbinsurance.com INSURE S AFFORDING COVERAGE NAIC# INSURER A: Employers Mutual Casual Co. 21415 INSURED KUTSC01 INSURERS: Texas Mutual Insurance CO Kutscher Drilling, Ltd. 22945 & Kutscher Pump, Inc. INSURERC: 3810 Hunter Rd. INSURER D : San Marcos TX 78666 INSURER E : COVERAGES CERTIFICATE NUMBER:1725835511 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE IADDL SUBR POLICY EFF POLICY EXP LTR POLICYNUMBER MMIDD/YYYY MM/DD1YYYY1 LIMITS A pXCOMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR GEN'LAGGREGATE LIMIT APPLIES PER: PRO- X POLICY rX] ECT 7 LOC OTHER: 6D03450-26 4/25/2025 4/25/2026 EACH OCCURRENCE $1,000,000 DAMAGE RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OPAGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X AUTOS ONLY X AUTOS ONLY 1 I 6E03450-26 4/25/2025 4/25/2026 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PerOaccidenDAMAGE $ $ A X UMBRELLALIAB X OCCUR 6JO3450-26 EXCESS LIAB CLAIMS -MADE DIED X . RETENTION $ in nnn B WORKERS COMPENSATION 0001305098 AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 4/25/2025 1 4/25/2026 i r=nru nrrr iaacurr= I t s nnn nnn 4/25/2025 1 4/25/2026 AGGREGATE $ 5,000,000 X STATUTE ERH E.L. EACH ACCIDENT $ 1 E.L. DISEASE - EA EMPLOYEE $ 1 E.L. DISEASE - POLICY LIMIT 1 $1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Policy forms are attached WC420304B CA7450222 CG76501013 CG75783617 CG74291198 Umbrella is follow form Project Water Well Digging and Removal IFB # 2024-026 CERTIFICATE HOLDER CANCELLATION City of Schertz 1400 Schertz Parkway Aft: Purchasing Department Schertz TX 78154 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTH RIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT C SERVICES AGREEMENT (LONESTAR ARMATURE) CITY OF SCHERTZ SERVICE AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ("Agreement'') is made and entered by and between the City of Schertz, Texas, (the "City") a Texas municipality, and Lonestar Armature ("Contractor"). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect through November 30, 2028 with the option to renew for two (2) additional terms of one (1) year each unless terminated as provided for in this Agreement. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A". The work as described in the Scope of Work constitutes the "Project". (13) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in full upon completion of the project or in the manner set forth in Exhibit "A" and as provided herein. (13) Billing Period. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act"), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. (D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to Contractor. CITY OF SCHERTZ PAGE 1 Lonestar Armature Service Agreement (1) All payments or expenditures made by the City under this Agreement are subject to the City's appropriation of funds for such payments or expenditures to be paid in the budget year for which they are made. (2) The payments to be made to Contractor, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the City as may be legally set aside for the implementation of Article III, Section 52-a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized by statute or home rule powers of the City under applicable Texas law, subject to any applicable limitations or procedural requirements. (3) In the event the City does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement, the City shall not be liable to Contractor for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Contractor, in its sole discretion, shall have the right but not the obligation to terminate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. (4) To the extent there is a conflict between this Section and any other language or covenants in this Agreement, this Section 3 shall control. Section 4. Time of Comnletion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. (A) Contract Times: Days The Work is expected to be substantially completed within calendar days after the Notice to Proceed is given ("Substantial Completion") (B) Liquidated Damages Contractor and Owner recognize that time is of the essence as stated above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in the Scope of Work, plus any extensions thereof allowed in accordance with the Contract. The Contractor acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The Contractor further acknowledges and agrees that, if the Contractor fails to substantially, or cause the Substantial Completion of any portion of the Work within the Contract time, the Owner will sustain actual damages because of such failure. The exact amount of such damage will be difficult to ascertain. Therefore, the Owner and Contractor agree that, if the Contractor shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial Completion date, subject to proper extension granted by the Owner, then the Contractor agrees to pay the Owner the sum of Six hundred dollars ($600.00) per day for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ("Liquidated Damages") that would be suffered by Owner as a result of delay for each and every calendar day that the Contractor shall have failed to have completed the Work as CITY- OF SCHERTZ PAGE 2 Lonestar Armature service Agreement required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by the Owner as a result of the failure of Contractor to complete within the Contract Time. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. The contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers' liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damage sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non -assessable insurance company licensed to do business in the State of Texas and currently rated "B+" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. CITY OF SCIIERTZ PAGE 3 Lonestar Armature Service Agreement Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement, or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self-employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non -Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this CrrY OF SCHERTL PAGE 4 Lonestar Armature Service Agreement subsection. (F) Conflict of Terms. Scope of -work. - In the case of any conflicts between the terms of this Agreement within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Other Agreements between parties: In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement, this Agreement shall govern. (G) Non -Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. Relevant definitions from the bill: "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. (H) Non -Boycott of Energy. Pursuant to Texas Senate Bill 13 (2021), Contractor certifies that either (i) it does not boycott Israel and will not boycott energy companies; and (2) will not boycott energy companies during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. (I) Non -Boycott of Firearm Entity. Pursuant to Texas Senate Bill 19 (2021), Contractor certifies that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate during the term of the contract against a firearm entity or firearm trade association. (J) Access to Premises. Authorized representatives of the Contractor will be allowed access to the facilities on City premises at reasonable times to fulfil the obligations of the Contractor regarding such facilities. The contractor shall adhere to all City rules, regulations, and guidelines while on City property. It is expressly understood that the City may limit or restrict the right of access herein granted in any manner considered necessary (e.g., national security, CITY OF SCHERTZ PAGE 5 Lonestar Armature Service Agreement public safety). (x) INTERLOCAL PARTICIPATION The City may enter Interlocal Cooperation Purchasing Agreements with other governmental entities or governmental cooperatives (hereafter collectively referred to as "Entity" or "Entities") to enhance the City's purchasing power. At the City's sole discretion and option, City may inform other Entities that they may acquire items listed in this IFB. Such acquisition(s) shall be at the prices stated herein and shall be subject to bidder's acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider attached hereto, if known at the time of issuance of the IFB. City may issue subsequent riders after contract award setting forth additional Entities desiring to utilize this bid. VENDOR shall sign and return any subsequently issued riders within ten calendar days of receipt. In no event shall City be considered a dealer, re -marketer, agent or other representative of Vendor or Entity. Further, City shall not be considered and is not an agent; partner or representative of the Entity making purchases hereunder, and shall not be obligated or liable for any such order. Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable or responsible for any obligations, including, but not limited to, payment, and for any item ordered by an entity other than City. Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided materials in City's presentations and promotions regarding the availability of use of this contract. The City makes no representation or guarantee as to any minimum amount being purchased by City or Entities, or whether Entity will purchase utilizing City's contract. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for CITY OF SCHERTZ PAGE 6 Lonestar Armature Service Agreement those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. Notices Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 10. No Assienment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable terns or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided CITP OF SCHERTZ PAGE 7 Lonestar Armature Senice Agreement herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 13. Governing Law, Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 14. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 15. Bindine Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits & Attachments All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement, which incorporates the original RFP, Contractor's Response to RFP, and Purchase Order(s) issued for payment contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Order of Precedence. In the event of a conflict between the terms and conditions included in the body of this Agreement and the terms and conditions included in any of the incorporated documents, the order of precedence shall be: (a)Agreement; (b) the attachments and/or exhibits to Agreement, (c)Contractor's Response to RFP, and (d) Purchase Order(s). CITY OF SCHERTZ PAGE 8 Lonestar Armature Service Agreement Section 20. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 21. Right To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of. (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEx. LOCAL GoVT CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships/Affiliations, Conflict of Interest Questionnaire Contractor states that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/what_sne_w/elf_ info_forml295.htm and https://www.ethics.state.tx.us/tec/1295-Info.htm for more information. CITY OF SCHERTZ PAGE 9 Lonestar Armature Service Agreement IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 10 Service Agreement EXECUTED on this the day of CITY: By: Name: Steve Williams Title: City Manager ADDRESS FOR NOTICE: CITY: City of Schertz Attn: Steve Williams, City Manager 1400 Schertz Parkway Schertz, Texas 78154 520 . CONTRACTOR: By: Name: Title: CONTRACTOR: CITY OF SCHERTZ PAGE 11 Service Agreement EXHIBIT A SCOPE OF WORK General The minimum requirements and the specifications for the Services, as well as certain requests for information to be provided by Proposer as part of its proposal, are set forth below. Project Scope The City of Schertz is seeking proposals to provide On -call maintenance/repair services for the pumps and motors located at the various potable water, raw water and wastewater facilities throughout the City of Schertz. Respondents to this RFP should demonstrate knowledge and experience in maintenance and repair of various types of pumps and motors that will allow the City of Schertz to obtain cost effective delivery of high -quality service in a prompt and reliable manner. The City of Schertz operates a variety of water production, distribution and wastewater collection systems. These systems utilize a variety of different styles and sizes of pumps, motors and associated components and supporting equipment. For the purpose of this contract, maintenance and repair is defined as work that involves the maintenance, repair, replacement or rehabilitation of a broken system, component(s), or sub-component(s) of a pump or motor. These systems, components or sub -components include but are not limited to: 1. Vertical turbine pumps and motors 2. Vertical line shaft well pumps and motors 3. Split -case horizontal pumps and motors 4. Submersible pumps (potable, raw and wastewater) 5. Hydraulic control devices such as PRVs and check valves 6. Plumbing (DI, Steel, PVC, etc.) 7. Motor starting and control equipment 8. Pump instrumentation and metering equipment 9. Pump and motor mechanical devices and apparatuses Contractors shall furnish all labor, supervision, tools, equipment, materials, metering instruments, supplies, parts, transportation, mobilization, insurance, bonds, permits, incidentals, and quality control necessary to provide pump and/or motor maintenance and repair services on an "as -needed basis". Pump and/or motor maintenance and repair services may include, but are not limited to the following: 1. Troubleshooting and technical assistance 2. Fabrication capabilities 3. Repair capabilities 4. Pump and motor upgrades and/or modifications 5. Instrumentation, metering and alignment testing and validation 6. Ability to hoist and maneuver split case and submersible pumps, motors and components up to 3,500lbs at heights or depths up to 50' 7. Ability to hoist and maneuver vertical line shaft well pumps and motors up to 300HP and 500' deep The Contractor shall communicate and advise the City on the condition of equipment and the required actions to complete maintenance and repair services. Only new parts or components may be used. "Like -new" or reconditioned parts or components require prior approval from the City and should only be considered in emergency or extenuating circumstances. Specific work requirements will be identified in each individual project as they are deemed necessary and approved by the City. Contractor labor rates set forth herein shall remain fixed and firm for the term of the contract. Material costs shall be paid at cost for each project at time services are requested. Proposal Submissions Due to the broad nature of the scope of work within this RFP, and the potential to award this contract to multiple vendors, the City will consider partial submissions that will only service specific equipment and/or facilities. If partial submission is to be made, proposer will be required to identify one or more categories they are submitting for in Section 8 (Cost Proposal) of the RFP. Proposers will not be considered for categories they do not select and will not be penalized for not electing to service all categories. The selection criteria will remain at the best value for the City as determined by the evaluation committee and the criteria laid out in Section 2.5 of this RFP. Awarding The City of Schertz anticipates awarding this on -call contract to one or more vendors based on the best value for the City. Proposers may elect to submit a proposal for any or all categories, and each category will be evaluated independently and awarded as such. Award of a contract for one category does not guarantee award of all categories that a proposer submits a proposal for. Criteria for award is outlined in Section 2.5 of this RFP. Award of this contract does not come with any guarantee of a minimum or maximum amount of work as it is an on -call, as -needed basis. If awarded to multiple vendors efforts will be made to equitably split the work as needed, however, response time and price will be considered a factor in the final decision of who will be assigned the work. General Information Because any work under this contract is an on -call contract service, exact project specifications are not available. General specifications are included in this solicitation and form the basis for any work to be performed. The specifications are intended to indicate the requirements of the City which include generally accepted practice in the construction industry. To determine the price of any work performed under the on -call services contract, respondent's labor costs shall remain fixed, and firm provided in response. Material costs shall be paid at cost for each project at time services are requested (plus factor, if applicable). Selected respondent(s) shall be responsible for complying with all Federal, State, County, and City laws, codes, and ordinances applicable to the performance of any work resulting from this RFP. Selected respondents are also required to adhere to all applicable local environmental ordinances. The selected respondent shall be responsible for obtaining all required permits applicable to performance under any single order placed against this RFP. Selected respondent(s) must be available to provide service twenty-four (24) hours a day, seven (7) days a week, 365-days a year, including holidays throughout the duration of the contract, and are to give "priority" to all City trade service requests. Response times for trade work will be answered within a 24-hour period. Service will be performed at a variety of City locations, including, but not limited to, restricted areas. All unique requirements and regulations for each location shall be strictly followed by the selected respondent and personnel, and subcontractor's and personnel. The City, at its sole discretion, may request a criminal background check on any personnel entering City property. The City, at its sole discretion, has the right to restrict any respondent's employee or subcontractor's employee who has questionable actions or background or criminal check results. Scheduling of Work Contractors must be able to provide service twenty-four (24) hours a day, seven (7) days a week, 365 days a year, including holidays throughout the duration of the contract. The City must be given "priority" to all City service requests. Response times to normal service calls shall be within a 24-hour period. Response times to emergency service calls shall be within a 2-hour period Respondent shall provide City with a schedule indicating the date and time personnel will be at a particular facility to perform work. This schedule must be provided PRIOR to arrival at any facility. Respondent shall diligently prosecute the work to completion within the time set forth for each individual project. The period of performance shall include allowance for mobilization, holidays, weekend days, normal inclement weather, and cleanup. When possible, respondents must ensure that the purchase, delivery and storage of materials and equipment are made without interference with City operations and personnel. Respondents shall take all necessary precautions to ensure that no damage shall result from operations on private or public property. All damage must be reported, repaired or replaced by respondents at no cost to the City. Respondent must at all times keep the site, including storage areas, free from accumulations of waste materials. Before completing the work, respondents must remove from the premises all rubbish, tools, scaffolding, equipment, and materials, not the property of the City. Upon completing the work, Respondent must leave the site in a clean and orderly condition satisfactory to the City. Final cleanup is part of the project, and respondents are responsible for all constructions, refuse disposal containers and their removal from the site. Warranty General Warranty. Respondents shall warrant that work performed conforms to the project specifications or PO requirements and is free of any defect in equipment, material, or workmanship performed by respondent or any of its subcontractors or suppliers at any tier. All work provided by respondents shall be warranted for a minimum period of 1 year from the date of final acceptance of the work. Performance Warranty Work performed under the on -call services contract shall meet all applicable standards and codes. Respondents shall guarantee all work against any defects in workmanship, and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of 1 year after completion of work. The warranty period shall commence upon date of acceptance by the City. Material Warranty Materials provided shall be in current production, as offered to commercial trade, and shall be of quality material. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED OR DISCONTINUED MATERIALS ARE NOT ACCEPTABLE, unless previously approved by the City. Materials shall be warranted against material defects and defects in workmanship for a period of not less than 1 year. The warranty period shall commence upon date of acceptance by the City. If the manufacturer's standard warranty period exceeds one year, then the warranty period below shall be the length of the manufacturer's warranty. Respondents shall be ultimately responsible for the warranty. Respondents shall provide the City with all manufacturers' warranty documents upon completion of service prior to leaving the job site. Exhibit A - Bid Tables Category I: Potable Water Facility Pumps and Motors Success: All values provided Success: All values provided Success: All values provided Success: All values provided Per Hour Unit Price Service Call: Onsite Bid #1-1 Inspection/Troubleshooting During 1 Business hours (Mon -Fri 7:30am- 5:00pm) Emergency Service Call: Onsite Bid #1-2 Inspection/Troubleshooting Outside 1 Business hours Bid Bid #1-3 Crane Service: 15- & 18-ton crane with operator #1-4 Crane Service: 15- & 18-ton crane: with two (2) person crew Rig Time: Commercial Size Rig — Not Bidding No Bid #1-5 Labor and Service Truck / 3-persor crew Not Bidding No Bid #1-6 Rig Time: Residential Rig — Labor / person crew 1 $ 95.00 $ 125.00 $ 192.00 276.00 Success: All values Shop Labor: Pumping equipmen provided Bid #1-7 break down, In-house inspection j rebuild Success: All values T- Overtime Shop Labor: Pumping provided Bid I #1-8 equipment tear down, in-house I Success: All values Bid provided Success: All values Bid provided inspection, rebuild #1-9 Service Truck and 2-person crew 1 #1-10 Emergency Service Call: Holidays 1 Emergency Rig Rate: Weekends & Not Bidding #1-11 Afterhours Not Bidding #1-12 Emergency Rig Rate: Holidays Fabrication Services Category II: Raw Water Facility Pumps and Motors 1 1 1 $ 85.00 $ 125.00 $ 350.00 $ 200.00 Service Call: Onsite Success: All values lInspection/Troubleshootin provided Bid #2-1 During Business hours (M( Fri 7:30am-5:OOpm) Emergency Service Call: Success: All values Bid #2-2 Onsite provided Inspection/Troubleshootin Outside Business hours Success: All values Bid #2-3 Crane Service: 15- & 18-toi provided crane with operator Success: All values Crane Service: 15- & 18-ton provided Bid 1 #2-4 cranes with two (2) person i crew Rig Time: Commercial Size Not Bidding Mo #2-5 Rig — Labor and Service Truck / 3-person crew Not Bidding -No B�` #2-6 Rig Time: Residential Rig - Labor / 2-person crew 1 $ 95.00 $ 125.00 $ 192.00 $ 276.00 - i - Success: All values Shop Labor: Pumping provided Bid #2-7 equipment break down, In- 1 $ 85.00 house inspection, rebuild Overtime Shop Labor: Success: All values Pumping equipment tear provided Bid #2-8 down, in-house inspection, 1 $ 125.00 rebuild Success: All values Service Truck and 2-person provided Bid #2-9 1 $ 350.00 crew Success: All values Bid #2-10 Emergency Service Call: 1 $ 200.00 provided Holidays Not Bidding Mo Bic #2-11 Emergency Rig Rate: 1 Weekends & Afterhours Emergency Rig Rate: Not Bidding No Bj #2-12 1 Holidays Not Bidding Mo Bic #2-13 Fabrication Services 1 Category III: Wastewater Facility Pumps and 10otors Not Bidding No Bi Not Bidding No tic Not Bidding No Bic Not Bidding No Bic: Service Call: Onsite #3-1 Inspection/Troubleshooting During Business hours (Mon-: Fri 7:30am-5:OOpm) Emergency Service Call: #3-2 Onsite Inspection/Troubleshooting Outside Business hours #3-3 Crane Service: 15- & 18-ton crane with operator Crane Service: 15- & 18-ton #3-4 cranes with two (2) person crew Rig Time: Commercial Size Not Bidding No B,::. #3-5 Rig — Labor and Service Truck / 3-person crew 1 1 1 Not Bidding Not Bidding Not Bidding Not Bidding Not Bidding Not Bidding Not Bidding Not Bidding Rig Time: Residential Rig #3-6 Labor / 2-person crew Shop Labor: Pumping #3-7 equipment break down, In house inspection, rebuild Overtime Shop Labor: #3-8 Pumping equipment tear down, in-house inspectior rebuild #3-9 Service Truck and 2-perso crew #3-10 Emergency Service Call: Holidays #3-11 Emergency Rig Rate: Weekends & Afterhours Emergency Rig Rate: Holidays Fabrication Services 1 1 1 �2 - Bid/No Service Unit of Status Bid # ! Quantity Required Name/Desc Measure ecision ription ment Alternate Service Proposals Success: All values Bid #1-1 provided Not Bidding No Bid { #1-2 Not Bidding No Bid #1-3 Not Bidding No Bid #1-4 f Not Bidding No Bid , #1-5 Not Bidding No Bid I Alternate Service 1 Alternate Service 2 Alternate Service 3 Alternate Service 4 Alternate Service 5 Alternate Service 6 Not Bidding No Bid 1 #1-7 1 Alternate Service 7 IN SHOP 1 MACHINE HOURLY WORK 1 Not Bidding No Bid #1-8 Not Bidding No Bid #1-9 M Not Bidding No Bid #1-10 Alternate Service 11 Alternate Service 8 Alternate Service 9 Not Bidding No Bid I #1-11 Alternate Service 10 Not Biddin No Bid #1-12 Alternate Service 12 Basket Total Grand Total i Exhibit "B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non -renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B+. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz Purchasing Department 1400 Schertz Parkway Schertz, TX 78154 entailed to: purchasinenschertz.com Faxed to: 210-619-1169 CITY OF SCHERTZ PAGE 13 Service Agreement '`LC�CAR CERTIFICA` E OF LIABILITY INSURANCE O'f'M"Miumfilbe YY I a 00trtf10Gf THIS Ot114TIpICATst 18 1881I81) MA IMTf111>G OF INFOAMAIMIN, IONLY AND CONFERS NO 111100a UP'IIU 7110 "R111=11 n HOLDER. TIES QMMOA'li! 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Purchasing Qepl, 4-0 MUMRILE0I110MATME MCUMIEO I MR137 — - — -- 01000G-20113 ACORD C(IFtk*UflllTWN. All llghlb rpmmod ACORD 28 (2010 11) The A 111) name anti logo hra weJitcted maika of ACORD (Instructions for completing and submitting a certificate to the City of Schertz) CITY OF SCHERTZ PAGE 14 Service Agreement Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non -Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non -renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 15 Service Agreement Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ PAGE 16 Service Agreement