Loading...
HomeMy WebLinkAboutC2017-301 - 11/14/2017 - Approved 04111 • ., SERVICE AGREEMENT NO. 1393 • 1852 Purchase of Pump, Motor and Services for the Utilities Department - Flygt THIS Purchase of Pump, Motor and Services for the Utilities Department - Flygt Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Xylem Water Solutions, USA, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Purchase of Pump, Motor and Services for the Utilities Department - Flygt in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Purchase of Pump, Motor and Services for the Utilities Department - Flygt ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months,with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional twelve-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then-current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $484,437.50, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in City of Corpus Christi Page 1 of 8 2017-301 11/14/17 Res. 031290 Xylem Water Solutions USA Inc. INDEXED Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Phone: (361) 826-1649 Email:joannam@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in -- coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. City of Corpus Christi Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA -- taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Rd. Corpus Christi, Texas 78415 _. Fax: (361)826-1715 IF TO CONTRACTOR: Xylem Water Solutions USA, Inc Attn: Frank Pardo Sales Representative 1929 Saratoga Blvd.#29, Corpus Christi, Texas 78417 Fox: (361) 225-2965 City of Corpus Christi Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in dl respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 CONTRACTOR Signatur t. Printed Name: tLhh Title:9\t S "c E Date: (O( 13f I CITY OF CORPUS CHRISTI Signature: rThr\ .— Printed Name: -). ,,- Title: !'r- o c Date: t v ' i-)--//7 Attached and Incorporated by Reference: Attachment A: Scope of Work REBECCA HUERTA Attachment B: Bid/Pricing Schedule CITY SECRETARY Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response )_9(0 0 (WWII 1 SECRETARY , Service Agreement Standard Form Page 8of Approved as to Legal Form 9/18/17 Attachment A- Scope of Work 4.1 General Requirements The Contractor shall provide pump and motor repairs and sales for all Flygt brand pumps/motors at Wastewater Lift Stations, Wastewater Treatment Plants, and Stormwater Pump Stations for the City of Corpus Christi Utilities Department-Wastewater and Stormwater Divisions. 4.2 Scope of work A. Repairs a. The City's pump inventory, outlined in Section 4.3, consists of approximately 253 Flygt pump/motor units, with HP range and distribution as follows: HP Ranqe Percentage 2.2- 25 69% 26- 50 24% 75- 215 7% b. The Contractor's work performance for pump and motor repair will include, but is not limited to, disassembly, repair, and remanufacturing on centrifugal and submersible pumps and motors from 2 - 215 HP rating. c. Typical repairs may include, but are not limited to: shaft sleeves, impeller, bearings, seals, wearing rings, shafts, gaskets, housing repair/replacement, o- rings, varnish, stator repair, packing stuffing box, blast clean, repaint, reassembly, check tolerances, re-oil and/or grease, testing. d. The City will deliver the equipment for repair, and will pick-up equipment when the repair is complete. e. The Contractor shall provide a repair estimate/quote for each repair, to include any noted problems, special conditions, inspection results, conclusion/recommendations, within 5-15 business days after receipt of equipment. f. The repair estimate/quote shall be submitted electronically in PDF format via email and itemized as follows: 1. Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed 20 business days, the Contractor must define the .....completion time, and outline the reason for delay. 2. Shipping costs for parts/materials 3. Costs to expedite parts/materials, if requested and approved by a City representative. 4. List of parts/components to be replaced 5. Parts/materials mark-up 6. Hourly labor costs, to include Straight Time and Overtime (if approved) 7. Equipment replacement cost and lead time for new equipment g. Repairs shall be completed within 10-20 business days of purchase order (PO) release. A PO number will be submitted to Contractor via email or phone. The Contractor shall notify the City if repairs will exceed 20 business days. h. All parts shall be equivalent to or better than original equipment manufacturer (OEM) standards. Parts shall be included in the Contractor's warranty period, or manufacturer's warranty. Parts replaced under the Contractor's or manufacturer's warranty will be replaced at no cost for labor or parts. i. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. j. All repairs shall be in accordance with current pump and/or motor nameplate data and conditions, drawings, standards and/or OEM specification(s). k. General machine work and/or repair shall consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sand blasting, and coating of pump/motor. I. After repairs, the pump and/or motor unit shall be repainted to manufacturer's recommendation and specifications, in a color approved by the Contract Administrator. m. Authorization for work will be sent by Work Coordinator(s) or Utilities Systems Manager to Contractor via email or phone. n. Overtime hours must be authorized in writing by a City representative. o. The Contractor shall provide a one year warranty for workmanship and parts/materials. B. Sales / Purchase a. After a cost analysis of the repair estimate/quote and the replacement cost, the City may elect to purchase a new pump/motor unit. b. The Contractor shall affix a name plate on all new pump/motor unit(s). Name plate data shall include: model and serial number, manufacturer, GPM/Head, HP, impeller diameter, RPM, discharge size, and voltage. C. Other Requirements a. The Contractor's facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services, at the City's expense. b. The City reserves the right to inspect pump and/or motor at any time during the repair. c. The Contractor must be able to provide technical support and on-site training as may be required by the City. d. The City reserves the right to audit Contractor's project costs at any time during the contract term. 2 e. The City's equipment in Contractor's possession must be properly stored and secured at all times. f. Where applicable, loading / unloading of equipment must be done by Contractor's personnel. 4.3 Work Site Locations and Conditions Lift Lift Station Name Address #of HP Station # Pumps 1 Wood River 4601 Spring Creek Dr. 3 88 2 River Canyon 13842 River Ridge Dr. 2 20 3 Cynthia 5210 Cynthia St. 2 3 4 Ramos 4810 Ramos 2 3 5 Sharpsburg 4412 Sharpsburg Rd. 3 44 6 Highway 77 3386 County Road 52 2 3 7 Nueces Acres 11501 Haven Dr. 2 10 8 Solar Estates 9201 Moonlight St. 2 5 9 Clarkwood North 2001 Clarkwood Road 2 47 10 De Dietrich 150 McKenzie Road 2 10 11 Northwest Crossing 1921 Oregon Trail 3 30 12 Clarkwood South 1025 Clarkwood Road 2 20 13 Lakes Northwest 3614 Perfection Lake 2 20 14 Highway Nine 6724 Leopard Street 2 20 15 Airport International Airport 2 47 16 Levi County Jail 745 N.P.I.D. 2 7.5 17 Coastal Meadows 6868 Old Brownsville Rd. 2 10 18 Arcadia 2221 S. Staples St. 5 2-20; 3-47 19 Port/Pearse Port/Pearse 6 2-25; 4-75 20 Trojan 1901 Trojan Avenue 2 2.5 21 Greenwood WWTP 6541 Greenwood Dr. 10 35 22 Sacky 3200 Sacky Street 3 25 23 Kostoryz 6261 Kostoryz Rd. 3 35 24 Rose Acres 2946 FM 763 2 7.5 25 Charlie's Place 5505 McBride Ln. 2 2.4 26 Nueces Bay 2100 Nueces Bay Blvd. 2 3 27 Rincon North"B" Rincon Ind. West of H.W. 181 2 5 28 Rincon North"A" Rincon Ind. West of H.W. 181 2 5 29 North Beach "E" 702 Enchanted Harbor 2 5 30 North Beach"B" 3002 Timon Blvd. 3 30 31 North Beach"C" 3818 Surfside 3 10 32 North Beach"D" 4320 Timon Blvd. 2 10 33 Resaca 945 Resaca St. 6 215 34 Coopers Alley"L" Head 200 S. Shoreline Blvd. 2 3 & 5 3 i Lift Lift Station Name Address #of HP Station# Pumps 35 Magee Beach 500 S. Shoreline Blvd. 2 2.5 36 Cole Park 1500 Ocean Drive 2 5 37 Bay Drive 7845 Bay Drive 3 10 38 Oleander 2900 Ocean Drive 1 3 39 Wooldridge II 8001 Wooldridge Rd. 2 10 40 Everhart/Staples 780 Everhart Rd. 3 20 41 Starry 7701 Starry Lane 2 47 42 Slough 7924 Slough Road 2 7.5 43 Webers Glen 4051 Aaron 2 20 44 The Lakes 7335 Everhart Road 3 20 45 Station 5 6528 S. Staples 3 45 46 Buckingham 7101 S. Staples 2 20 47 Cimarron 7401 Cimarron 2 20 48 Kings Crossing 8401 Cimarron 2 10 49 Airline 3302 Airline 2 20 50 TAMU-CC 6300 Ocean Dr. 2 9.4 51 Pelican Bay 1418 Ennis Joslin 2 5 52 Greenfields by the Bay 7310 Canadian Dr. 3 30 53 Sugar Tree 8050 S.P.I.D. 2 20 54 Anchor Harbor 8102 S.P.I.D. 2 10 55 Jamaica 2902 Jamaica 3 30 56 Turtle Cove 9547 Blue Jay St. 2 20 57 Wal-Mart 9441 S.P.I.D. 2 7.5 58 Flour Bluff 2326 Flour Bluff Dr. 2 20 59 Rhetta Place 2442 Vialoux 2 5 60 Waldron 610 Blossum 3 35 61 Purdue 630 Purdue 2 7.5 62 Gateway Park 1143 Laguna Shores 2 2.6 63 Laguna Shores 2902 Laguna Shores Rd. 4 47 64 Riviera 138 Riviera 2 18 65 Rex 4046 Whitely 2 5 66 Kennedy Causeway 13301 S.P.I.D. 2 5 67 Seahorse 14300 Dorsel Street 2 5 68 Swordfish 14500 Swordfish Street 2 5 69 Jackfish 14124 Jackfish Street 2 20 70 Verdemar 14501 Verdemar Street 2 7.5 71 Park Road 53 11125 Park Road 53 2 2.2 72 Tesoro 13618 Port Royal Ct. 2 5 73 Cumana 15600 Cumana Street 2 5 74 Coquina Bay 13921 Sea Pines Blvd. 2 5 75 Sea Pines 14192 Sea Pines Blvd. 2 7.5 76 Gypsy 15601 Gypsy Street 2 10 77 Padre Island Section 4 14201 Whitecap Blvd. 2 10 78 Lake Padre South 14501 Whitecap Blvd. 2 20 4 Lift Lift Station Name Address #of HP Station# Pumps 79 Leeward 14865 Runninglight Drive 2 20 80 Zahn 125 Zahn Rd. 2 23 81 JFK Causeway II 13317 S.P.I.D. 2 5 WWTP# Plant Name Address #of HP Pumps (Range) 1 Allison WWTP 4104 Allison Dr. 12 5 - 25 2 Greenwood WWTP 6541 Greenwood Dr. 9 5 -25 3 Laguna Madre WWTP 201 Jester 6 5 -25 4 Oso WWTP 601 Nile 21 5 -25 5 Whitecap 13409 Whitecap Blvd. 2 5 -25 SW Pump Pump Station Name Address #of HP Station # Pumps (Range) 1 Kinney St. Pump Station 302 N. Shoreline Blvd. 7 5 - 25 4.4 Special Instructions The Contractor's invoice for payment must contain the following information: 1. Purchase Order (PO) number 2. Location and Address 3. Model and serial number of equipment 4. Description of service 5. Bill of materials 6. The Contractor will be required to attach copies of all invoices for parts/materials (to include % of mark-up) for each repair invoice 7. Total hours billed, itemized by position and hourly rate 8. Shipping costs 9. Authorizing City representative 4.5 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. B. The Contractor shall quality inspect pump and motor repairs prior to return to the City. 5 ous ct, off ' '� ATTACHMENT B-BID/PRICING SCHEDULE U o CITY OF CORPUS CHRISTI 1° rg 18V, BID FORM 1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing bid. 2. Quote your best price, including freight, for each item. 3. In submitting this bid, Bidder certifies that the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor,for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: Item # I Description [Unit Qty Unit Price Total Price Parts / Materials Estimated Mark-up ........... .. 1 Parts/Materials* EA $275,000.00 % 0 $a2g5, e6o.oa 2 Shipping Allowance for " '. Parts/Materials EA $10,000.00 y � $ (30 ) 3 Environmental Fee Allowance EA $5,000.00 $ 5,cyoo•ao Labor .. 4 Shop Mechanic (ST) M-F 8:00 -5:00 HR 1,700 $ f oo $ (sol COO. 5 Shop Mechanic(OT) Afterhours, Weekends, Holidays HR 90 $ 1Sd.04 $ 6 Field Tech (ST) M-F 8:00-5:00 HR 50 $ 12S • 00 $ 6131S1=°0 7 Field Tech (01) Afferhours, Weekends, Holidays HR 25 $i8 • 5d $ 4r(43+- ' .,�, $ �gq,'{3?- 45,-;.�Y r :�. ,�a s f: v TOTAL T So *Total Price will be $275,000 plus mark-up. COMPANY: ><Nt t,2 - ¶ <>10+10,1.--.S OSA NAME OF PERSON AUTHORIZED TO SIGN: rY `?J' C2A-QDiz, ADDRESS:2,c)29 �. (� �y .(a,. , S��vd<. CITY/STATE: GK CH.�k4 1 7---X PHONE: 34al• $©$• - ((4 EMAIL: ccavw_. o,rc�o Qx/lertn ts'1C • CUM FAX: '3(01- 77S . Z/<oS DATE: j 0( (4 [ -` SIGNATU ctt.tAA._ 0�-- � TITLE: SA 'T - THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL BIDS. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE BIDS RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page I of I ATTACHMENT C: INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor,to commence work until all similar insurance required of any subcorti actor has teen obtained. A. Contractor must hi rni:h to t he City's Pa aA Managar and Contract Administrator one(1)Copy or C=rtif_ses of insurance eah appl.cybis pans'end-rsemf is showing the follnwing niirTnium coverage by an insurance company(s)acceptable to the City's Risk Manager.The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable.Endorsements must be provided with Certificate of Insurance Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERA! LIABILITY including. I S1,000,000 Per Occurrence 1. Commercial Broad Folin $2,000,D00 Aggregate 2. Premises-Operations 3. Products/Completed Operations a. Contractual liability S. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY fincluding) 51,000,000 combined single Limit I. Owned 2 Hired and Nan-O'T.cd 1 Itcnted;Lcascd WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Teras) 5500,000/5500,000/$500,000 Employers Liability In the event of accidents of any kind related to this contract,Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONA'-REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written an a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Inseranec-, Division of Warders'Cor pense:ian. An All Mates Endorsement shall be repuired if Contractor is not domiciled in the State of Tens. It Contractor shall obtain and maintain in Poll force and effect for the duration of this Contract,and any extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence hors by companies authorized and 'admitted to do business in the State of Texas and with an A.M. Bests rating of no less than A-Vft. Cramaror shall be required to submit renoval sal certificates of insurance throughout the toms of this contract and any extensions within IC days of the policy expiration dales. All notices under this Exhibit shall he given to City at the following address: City of Corpus Christi Attn. Risk Manager P.O.Box 9277 Corpus Christi,TX 78l69 9277 D. Contractor agrees that,with respect to the above required insure ore,all Insurance policies are t0 contain or be endorsed t0 contain the follow'ng required provisions: • dist the City and its officers, orfmiels, employees, and volunteers, as additional insureds by endorsement with regard to operations, _ mplvted operations aria activities of n behalf of Me named inured performed under contract web the City. with the exception of the workers'compensation poticy; • Provide for an endorsement that the "other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will prodide a waiver of subrogation in favor of the City:and Provide thirty(30)calendar days advance written notice directly to City of any, cancellation, non-renewal,material change or termination in coverage and not less than ten(10)calendar days advance written notice for nonpayment of premium. Within five(5)calendar days of a cancellation,non-renewal,material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City.City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during th's contract Failure to provide and to maintain the required insurance sha'il consftute a material breach of this contract. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s' which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. c: Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract It is agreed that Contractor's insurance shall he deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It Is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract 7017•ro_aoce Reo.ppmenl: ttOtos Wastnaata-lip station: Pune and Mato'sales sea Repairs 07/1012017 sw Risk Management RF°Revised Z'.3.20!7 Attachment D - Warranty Requirements p \ xyl.mbraa WARRANTY Xylem Water Solutions USA, Inc. For the period defined, Xylem Water Solutions USA, Inc. offers a commercial warranty to the original End Purchaser against defects in workmanship and material on Flygt Products. Warranty covers Flygt parts and labor as outlined in ADDENDUM—A COVERAGE: Xylem Water Solutions USA, Inc. will pay the cost of pais and labor during the warranty period, provided that the Flygt product, with cable attached, is returned prepaid to a Xylem Water Solutions USA, Inc. Authorized Service Facility for Flygt Product repairs. Coverage for Flygt parts and labor will be provided for the period shown in ADDENDUM -A.The warranty period will begin from date of shipment or date of a valid Start-up(For permanently installed pumps only). In cases where the Start-up date is used as the beginning of the warranty on a permanently installed Flygt pump,a Start-up Report completed by an approved service technician from a Xylem Water Solutions USA, Inc. Authorized Service Facility for Flygt products must be received by the Xylem Water Solutions USA, Inc. Area Service Manager for Flygt Products within thirty(30)days of the initial onset of the unit placed into service. If not received, the beginning of the warranty coverage will default to the Flygt product ship date A Start-up for a permanently installed Flygt pump must occur within one(1) year tram the date of shipment from a Xylem Water Solutions USA, Inc. authorized facility for Flygt Products or warranty will automatically default to ship date as start of warranty. (See STORAGE section)When using the start-up date as the beginning of the warranty, a copy of the Start-up Report will be required to support any Warranty Claims, Warranty on Flygt Dewatering pumps will begin with ship date only. No other date on Flygt Dewatering pumps will be considered. Xylem Water Solutions USA, Ines sole obligation under this Warranty for Flygt Produce shall be to replace, repair or grant credit for Flygt Products upon Xylem Water Solutions USA, Inc.'s exclusive determination that the Flygt Product does not conform to the above warranty. In the event that the Flygt product is replaced, warranty on the replacement product will be equal to the balance remaining on the original pr. duct or ninety(90)days,which ever is greater. MISUSE: This Warranty shall not apply to any Flygt product or part of Flygt product whit (i) has been subjected to misuse, misapplication,accident,alteration, neglect,or physical damage(ii)has been installed, operated, used and/or maintained in a manner which is in an application Nat is contrary to Xylem Water Solutions USA, Inc.'s printed instructions as it pertains to installation,operation and maintenance of Flygt Products, including but without limitation to (iii)operation of equipment without being connected to monitoring devices supplied with specific produce for protection; or(iv)damaged due to a defective power supply, improper electrical protection, faulty installation or repair, ordinary wear and tear, corrosion or chemical attack, an act of God, an act of war or by an act of terrorism; or(v) has been damaged resulting from the use of accessory equipment not sold by Xylem Water Solutions USA, Inc. or not approved by Xylem Water Solutions USA, Inc.in connection with Flygt products. WEAR PARTS: This warranty does not cover casts for standard and/or scheduled maintenance performed, nor does it cover Flygt parts that, by virtue of their operation, require replacement through normal wear(aka: Wear Part), unless a defect in material OF workmanship can be determined by Xylem Water Solutions USA, Inc.. Wear Parts are defined as Cutters, Cutting Plates, Impellers, Agitators, Diffusers, Wear Rings (Stationary or Rotating), Volutes (when used in an abrasive environment), ail, grease, cooling fluids end/or any items deemed necessary to perform and meet the requirements of normal maintenance on alt Flygt equipment. xylem Va 12 120W Ntom trend WARRANTY Xylem Water Solutions USA, Inc. DISCLAIMERS: (i)Xylem Water Solutions USA,Inc.'s warranties are null and void when Flygt Products are exported outside of the United States of America without the knowledge and written consent of Xylem Water Solutions USA, Inc.; (ii) Xylem Water Solutions USA, Inc. makes no independent warranty or representation with respect to part or products manufactured by other and provided by Xy'em Water Solutions USA, Inc. (however, Xylem Water Solutions USA, Inc. will extend to the Purchase-any warrznty received from Xylem Water Solutions USA,Inc.'s supplier for such parts or products). LIMITATIONS: XYLEM WATER SOLUTIONS USA, INC. NEITHER ASSUMES, NOR AUTHORIZES ANY PERSON OR COMPANY TO ASSUME FOR XYLEM WATER SOLUTIONS USA, INC., ANY OTHER OBLIGATION IN CONNECTION WITH THE SALE OF ITS FLYGT EQUIPMENT. ANY ENLARGEMENT OR MODIFICATION OF THIS WARRANTY BY A FLYGT PRODUCT DISTRIBUTOR, OR OTHER SELLING AGENT SHALL BECOME THE EXCLUSIVE RESPONSIBILITY OF SUCH ENI ti Y. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO FLYGT PRODUCT(S), INCLUDING AND WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HERESY EXPRESSLY DISCLAIMED AND EXCLUDED. PURCHASER'S EXCLUSIVE REMEDY AND XYLEM WATER SOLUTIONS USA, INC.'S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES IS LIMITED TO REPAIRING OR REPLACING FLYGT PRODUCTS AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER HEREUNDER. IN NO EVENT IS XYLEM WATER SOLUTIONS USA, INC. LIABLE FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION. XYLEM WATER SOLUTIONS USA, INC. WILL NOT BE HELD RESPONSIBLE FOR TRAVEL EXPENSES, RENTED EQUIPMENT, OUTSIDE CONTRACTORS FEES, OR ANY EXPENSES ASSOCIATED WITH A FLYGT PRODUCT REPAIR SHOP NOT AUTHORIZED BY XYLEM WATER SOLUTIONS USA, INC.U.S.A.,INC.REIMBURSEMENT COSTS FOR CRANES AND/OR ANY SPECIAL EQUIPMENT USED IN CONJUNCTION FOR THE REMOVAL AND/OR REINSTALLATION OF ANY FLYGT EQUIPMENT IS NOT COVERED UNDER THIS WARRANTY. ANY UNAUTHORIZED ALTERATIONS TO SUPPLIED FLYGT EQUIPMENT USED WITHOUT XYLEM WATER SOLUTIONS USA, INC. SUPPLIED FLYGT BRAND CABLE OR CONTROLS WILL NOT BE COVERED UNDER THIS WARRANTY, UNLESS IT CAN BE PROVEN SUCH ANCILLARY EQUIPMENT IS SUITABLE FOR THE PURPOSE MD EQUAL TO XYLEM WATER SOLUTIONS USA, INC. SUPPLIED FLYGT BRAND CABLES OR CONTROLS THAT WOULD ORIGINALLY HAVE BEEN SUPPLIED WITH THE TYPE OF EQUIPMENT IN USE. REQUIREMENTS: A copy of Electrical System Schematics of the Control used (including a Control's Bill of Material) could be required to support a Warranty Claim when a non Flygt Brand Control is used. In addthon, a written record, hereby known as"the log", will be associated with each unit serial number and must be maintained by the organization having product maintenance responsibility.The log must record each preventative maintenance activity and any repair activity during the life of Lhe warranty or verification that a Xylem Water Solutions USA, Inc.authorized Service Contract For Flygt Products is in force and must be available for review and/or auditing. Failure to meet these conditions could render this warrant null and void.Such logs could be required to determine warranty coverage, Vt 0-12011_ j , th { } � I _ - ; .-4C 00 \ ia _ ! )E \\)} t PE;_ . : of ;! T. ) “ ! {} ( e ) ) ] { _ - » ±) \ air � - _ • ! ; ; { \ . , C0 }1C ;C ) i CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if(here are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-260797 Xylem Water Solutions USA, Inc Carrollton,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/14/2017 being filed. City of Corpus Christi,TX Date Acknowledged: iN 117 cl 1-1 ) n 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract', provide a description of the services,goods,or other property to be provided under the contract. Pump and Motor Repairs for WW Repair Services for submersible pumps and motors 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. ' ' ' REBECCA LONG I J` Notary 10 is 124878919 jCe7iJ (1 `�—�^�IMy Co rii 4, 0 Expiresl �� Aprll 4,2020 I Signature of authorized a eny f contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE n•, n� ((� Sworn to and subscribed before me,by the said oda. Ciecut)•Gr(� ,this the 44th day of�Q_ MIOer 20 i l ,to certify which,witness my hand and seal of office. 111 ----QpItti•-a- 6 (-- e.i0e.-C ca._ LO Max ----17eC,11 0 I COILC)1 a e546 Signature of officer admi tering oath Printed name of officer adrlrJnistering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337