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THIS Submersible Pump for Utilities Agreement ("Agreement") is entered into by
and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Pump Solutions, Inc. ("Contractor"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Submersible Pump for Utilities in response
to Request for Bid/Proposal No. 2036 ("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 Submersible Pump for Utilities ("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 one year, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-month/year periods ("Option Period(s)"), provided,
the parties do so in writing and prior to the expiration of the original term or the
then-current Option Period. The City's extension authorization must be executed
by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$73,480.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
C2019-133
3/26/19
M2019-051 Page 1 of 7
Pump Solutions Inc. .r 1, 2018
SCANNED
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Joanna Moreno
Department: Utilities Department
Phone: (361) 826-1649
email: joannm@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
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Approved as to Legal Form October 1,2018
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked 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.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
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Approved as to Legal Form October 1, 2018
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, 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. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Joanna Moreno
Title: Contract Administrator
Address: 2726 Holly Road,Corpus Christi, Texas 78415
Phone:(361) 826-1649
Fax: (361) 826-1715
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form October 1, 2018
IF TO CONTRACTOR:
Pump Solutions, Inc.
Attn: Sandy Korenek
Title: Vice-President
Address: 18594 US Highway 59, New Caney, Texas 77357
Phone: (281)399-9400
Fax: (281) 399-9401
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator must give the Contractor written notice of the breach and set out a
reasonable opportunity to cure. If the Contractor has not cured within the cure
period, the City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
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Approved as to Legal Form October 1, 2018
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
20. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
22. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. Governing Law.This Agreement is subject to all federal, State, and local laws, rules,
and regulations. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such form and venue for such
disputes is the appropriate district, county, or justice court in and for Nueces
County, Texas.
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form October 1, 2018
k
25. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties
CONTRACTOR
Signature: P,LLQ
Printed Name: PIA O RE fJ a`K
Title: P 5
Date: 2- 11! 11
CITY OF CORPUS CHRISTI
Kim Baker
Assistant Director of Finance - Purchasing Division
Date: 3. V1. l`1
Attached and Incorporated byReference: AITEST: &. � C�.(',(�
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Attachment A: Scope of Work REB CCA HUERTA
CITY SECRETARY
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only: il•1,()1(1 -°u �
Exhibit 1: RFB/RFP No. 2036 uinurc��.
Exhibit 2: Contractor's Bid/Proposal Response COUNCIL #AC •
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SECRETARv �/
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form October 1, 2018
Attachment A -Scope of Work
1.1 General Requirements/Background Information
The Contractor shall furnish, and place into operation one submersible pump
with accessories required at the Everhart/Staples Lift Station.
A. The pump shall be designed and constructed to pump raw
unscreened sanitary sewage and capable of passing 3" diameter
spheres. A Bell style mounting system shall be provided for removal
and inspection of each pump. The pump shall be designed and built
in accordance with the best available technology and practice and
shall operate satisfactorily when installed. The pump shall be
manufactured by Xylem, KSB, Fairbanks Nijhuis, or demonstrates to
the satisfaction of the Wastewater Utilities Management team that
the quality is equal to that of the manufacturers named.
B. The Contractor shall deliver the pump to 780 Everhart Road, Corpus
Christi, TX 78411.
C. The City of Corpus Christi shall be responsible for the installation.
D. Qualifications: The submersible pumps and accessories, with the
possible exception of the discharge connection assembly, which
shall be Xylem, KSB, or Fairbanks Nijhuis, or demonstrates to the
satisfaction of the Wastewater Utilities Management team that the
quality is equal to that of the manufacturers named shall be furnished
by a single manufacturer/supplier who is fully experienced,
reputable, and qualified in the manufacturer of the pump to be
furnished.
1.2 Specifications
A. Pump Data
Total Discharge Head: 44'
Gallons per minute: 10,000
Voltage: 440/3 phase
B. Power Cable
The motor cable shall consist of a well-insulated cable with a double
jacketed system, Hypalon, SOOW or W outside, synthetic rubber
inside, exceeding industry standards for oil, gas, and sewage
resistance and shall be permanently marked with the indicated code.
Sizing shall conform to NEC specifications for pump motors and shall
be an adequate size to allow motor voltage conversion without
replacing the cable. Each pump shall be furnished with minimum of
100 feet of power cable installed with a sufficiently long power cable
to suit the installation without splicing.
C. Power Cable Entry
The cable entry seal shall insure a watertight and submersible seal.
The cable entry shall be comprised of a dual cylindrical elastomer
grommet flanked by a stainless-steel washer, all having close
tolerance fit against the cable and compressed by the entire body
containing a strain relieve function, separate from the function of
sealing or epoxy sealed cable entry. A separate junction chamber
shall provide for connection of the cable to the stator power leads.
The junction chamber shall be separated from the motor stator
housing by a terminal board which is bolted to a machined surface
using an 0-ring seal. Stator leads shall also be sealed to prevent
moisture from entering the motor interior.
D. Impeller
a. The impeller shall be of ASTM A-532 (Allow III A) 25% chrome
cast iron or ASTM A536 ductile iron, dynamically balanced,
semi-open, multi vane, backswept, non - clog design.
b. The impeller vane leading edges shall be mechanically self-
cleaned upon each rotation as they pass across a machined
spiral groove located on the stationary insert ring maintaining
an unobstructed leading edge.
c. The impeller shall have induction hardened, screw shaped
leading edges and shall be capable of handling solids, fibrous
materials, heavy sludge, and other matter found in
wastewater.
d. The Impellers shall be locked to the shaft and coated with
Skotche 134 or equal fusion bonded epoxy.
e. The Impellers shall be trimmed to specifically meet the
conditions of operation.
E. Insert Ring
a. The insert ring shall be cast of ADTM A-532 (Allow III A) 25%
chrome cast iron and provide effective sealing between the
multi-vane semi-open impeller and the volute housing.
b. The clearance between the insert ring and the impeller shall
be adjustable.
F. Volute
a. The Pump volute shall be a single piece gray cast iron, Class 30
or Class 35B, nonconcentric design with smooth passages
large enough to pass any solids that may enter the impeller.
b. Minimum inlet and discharge size shall be indicated herein.
G. Discharge Connection
Each pump shall be supplied with a coupling, ANSI 125 cast iron,
which bolts to the discharge flange. If other than Xylem, the floor
mounted discharge elbow shall be compatible with the Xylem
model.
No part of the pump shall bear directly on the sump floor and no
rotating motion of the pump shall be required for sealing. Sealing at
the discharge shall be affected by metal to metal contact of the
pump discharge flange and the mating discharge connection either
with or without a replaceable rubber seal form fitted to the machine
discharge coupling to insure a positive leak proof system and for ease
of removal of the pump.
H. Bearings
The integral pump/motor shaft shall rotate on two bearings. The
motor bearings shall be sealed or open faced and permanently
grade lubricant with high temperature grease or dielectric oil. The
upper motor bearing shall be a double row angular contact ball
baring. The lower bearing shall be a double row angular contact
bearing to handle the thrust and radial forces. The minimum L10
bearing life shall be 50,000 hours at any usable portion of the pump
curve.
I. Lower Bearing Temperature Sensor
The Pumps with motors larger than 90 HP shall have a lower bearing
temperature sensor to monitor the lower bearing temperature, unless
the bearings are lubricated with circulating force-fed oil or an open-
faced bearing running in a bath of oil.
J. Shaft
The shaft shall be of large one-piece design and extend through the
pump and motor. The shaft shall be constructed of ASTM.ANSI 431 or
416 stainless steel, unless the entire shaft is not exposed to the
pumped liquid, in which case the shaft may be C1034 carbon steel.
K. Shaft Seals
The shaft seals shall have lapped tungsten or silicon carbide faces.
The seal system shall allow continuous pump operations with the
exterior completely dry. The seal assemblies shall not require
adjustments, shall be easily inspected, shall be easily replaceable
and shall not require operating pressure differential for sealing.
L. Guide Brackets (not applicable to the Everhart Staples Lift Station
Pump Projects).
M. Motor
The pump motor shall be integral to the pump for submersible
application or dry well operation. The motor shall be squirrel cage
induction type with class H insulation, NEMA B design, class H slot liners
with a service factor of 1.15 or above. The dual voltage copper
wound stator, which will allow field change ability of voltage. The
NEMA starting code shall be F or less. The motor shall be statically
and dynamically balanced. The motor shall be designed for
continuous operation at 104° ambient air and be capable of up to
10 starts per hour. The motor shall be UL listed or FM approved as
explosion-proof suitable for NEC Class I, Division 1, Group C and D
Environments.
N. Stator Temperature Sensor
The stator shall have (3) thermal switches in each of the stator
windings which shall open at 140° C to stop the motor and activate
an alarm to shut down the pump. The motor shall resume operation
when the stator cools to 95° C.
0. Cooling System
Each motor unit shall be provided with an integral motor cooling
system. The pump to be furnished will be installed in a dry pit. Any
jacket or other cooling system needed shall be furnished in place by
the manufacturer.
P. Lift Chain
A lifting chain assemble shall be provided and installed for each
pump. The chain and shackle shall be of 316 stainless steel and have
a minimum working load of two times the pump weight. The chain
shall be secured to the pump with the shackle and the access cover
with a hook. A five-foot length of excess chain shall be suspended
at the hook to facilitate the lifting of the pump.
Q. Power Cable Supports (not applicable to the Everhart Staples Lift
Station Pump Project)
R. Hardware (not applicable to the Everhart Staples Lift Station Pump
Project
S. Accessories/Parts
Any pump, accessories, controls, rails, hardware, etc. shall be
furnished by the Contractor. The Contractor shall be responsible for
the coordination and compatibility of accessories.
T. Suction Connection
Each pump shall be supplied with a 90-degree bend, flange x flange
for connection to the suction side of the City's Lift Station.
U. Lifting Bell
A lifting bell shall be installed on each pump for pump removal. The
bell shall be constructed of 316 stainless steel and have a minimum
working load of two times the pump weight.
V. Submittals
The Contractor shall furnish the following submittals for approval prior
to shipping pump:
1. Pump Data
The Contractor shall furnish certified pump curves showing the
results of the test pumping units of identical design, size,
horsepower as those to be furnished.
Graphs shall include:
1. Pump Curve -Q in GPM, H in Feet
2. Power Input Curve - Kilowatt
3. Efficiency Curve (including motor) wire to water
4. N.P.S.H. Curve
5. Model, Impeller size, serial number
6. Motor rated HP, Voltage
7. Data in English units (gallons, feet, etc.)
8. Date and place of test
2. Operation and Maintenance
The Contractor shall submit an Operation and Maintenance Manual
with the pump supplied. The manual shall include a minimum of the
following:
1. Service location & phone number
2. Fact Sheet (pump data), serial No., Pump Curve
3. Maintenance instructions and schedule
4. A shop service manual
5. An assembly manual showing all parties by their catalog number
for ordering
1.3 Suitability Certification
The Contractor shall submit a certification stating that the manufacturer's
authorized representative for the pumps has studied the scope of work,
evaluated the conditions affecting these pumps, and certifies that they
should be suitable for the application and should require no more than
normal maintenance if not damaged or abused.
The certification shall state that the proposed pumps are suitable for the
application and will function as intended and will comply with all
requirements of this scope of work, with the exception of those listed in the
certification. The certification shall be signed by the manufacturers'
authorized representative. If the equipment is approved for use on these
items and is found at any time to have unlisted exceptions, the City shall
have the right to reject the equipment or require the Manufacturer to bring
the equipment into compliance at no cost to the City.
1.4 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control
Program that is acceptable to the Contract Administrator to assure that the
requirements of the Contract are provided as specified. The Contractor will
also provide supervision of the work to insure it complies with the contract
requirements.
1.5 Warranty
The pump manufacturer shall furnish the City with a written guarantee to
warrant pump and components against failure due to defective materials
and workmanship for a period of 1 year after full operation and acceptance
by the City.
Attachment B- Bid/Pricing Schedule
scz
cP Di, , CITY OF CORPUS CHRISTI
aA *,
PURCHASING DIVISION
Li
\-4-)-- BID FORM
NL _ RFB No. 2036
lea: Submersible Pump for Utilities
Date: f 8 - 240 I q PAGE 1 OF 1
Authorized °,41610Aa(b 16))./111.4-"/
Bidder: PL 1Soib ns Inc. Signature:
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each Item.
3. In submitting this bid, Bidder certifies that
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Purchasing office, pursuant to the Code of Ordinances, is current
and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
1r1i;tiiriptt _n UN_' 2T Unit Price Tttgi Prise
1. Submersible Pump_ Each 1 $/1-00,00 $ -1-15g0.00
2. Frei•ht to obsite Each 1 $1- 00.o0 $ I- .Soo.00
Total = --_.� - _ : ,.T ='. $1 80‘00
1.See attached exceptions and clarifications list for information on delivery times. Exception is taken to
the 4 month delivery as that isn't possible with KSB pumps on an order this size.
2.See attached submittal package with other references and information about KSB and PSI. An
"approved submittal"will be required as well as the Purchase Order(sent simultaneously) as the order
cannot be released into production until we get the approved submittal.
Attachment C - Insurance Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator one
(1) copy of Certificates of Insurance with applicable policy endorsements showing
the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager.The City must be listed as an additional insured on the General
liability and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be
provided with Certificate of Insurance. Project name and/or number must be
listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material
change, or termination required on all Per occurrence - aggregate
certificates and policies.
COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence
1. Commercial Broad Form $1,000,000 Aggregate
2. Premises-Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of
this Exhibit.
(All States Endorsement if Company is not
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in statutory amounts
according to the Texas Department of Insurance, Division of Workers'
Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration
of this Contract, and any extension hereof, at Contractor's sole expense,
insurance coverage written on an occurrence basis by companies
authorized and admitted to do business in the State of Texas and with an
A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of
the policy expiration dates. All notices under this Exhibit shall be given to
City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that,with respect to the above required insurance,all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations, and
activities of or on behalf of the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not
less than ten (10) calendar days advance written notice for nonpayment of
premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required insurance
shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor to
stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2018 Insurance Requirements
Utilities
Deliver and install One Submersible Pump with Accessories
11/19/2018 sw Risk Management
Valid Through 12/31/2019
Attachment C - Bond Requirements
No bond requirements necessary for this service agreement; Section
5. (B) is null for this service agreement.
Attachment D - Warranty Requirements
The pump manufacturer shall furnish the City with a written guarantee
to warrant pump and components against failure due to defective
materials and workmanship for a period of 1 year after full operation
and acceptance by the City.