HomeMy WebLinkAboutC2019-558 - 10/15/2019 - Approved C7141N,
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SERVICE AGREEMENT NO. 2094
Pump Repairs
M 'OPOR EO
1852
THIS Pump Repairs Agreement ("Agreement") is entered into by and between the
City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Odessa
Pumps and Equipment, Inc ("Contractor"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Pump Repairs in response to Request for
Bid/Proposal No. 2094 ("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 Pump Repairs ("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 three years, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to zero additional zero-year periods ("Option
Period(s)"), provided, the parties do so by written amendment 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
$844,200.00,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. Contractor shall invoice no more
frequently than once per month. 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.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form July 11,2019
S1ANNFfl
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: Gas
Phone: 361-826-1649
Email: JoannaM@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
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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
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.
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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: Contracts/Fund Administrator
Address: 2726 Holly Road, Corpus Christi, TX 78415
Phone: 361-826-1649
Fax: 361-826-4495
IF TO CONTRACTOR:
Odessa Pumps and Equipment, Inc
Attn: Michael Comrie
Title: Branch Manager
Address: 7302 Leopard St, Corpus Christi, TX 78409
Phone: 361-289-6602
Fax: 361-289-6694
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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
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
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20. 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.
21. 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.
22. 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).
23. 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.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
25. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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Approved as to Legal Form July 11, 2019
CONTRACTOR
Signature:
Printed Name: / r a WL a f--J4
Title: Ce-dYJ Pe f ,e / f,. d("---
Date: e(2 / I
CITY OF CORPUS CHRISTI �' �
11 gW`�//Wt.
Kim Baker
Director of Contracts and Procurement
Date: lo. 1(4 lq ATTEST: Frja-/VIN
REB CCA HUERTA
Attached and Incorporated by Reference: CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 2094
Exhibit 2: Contractor's Bid/Proposal Response
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Approved as to Legal Form July 11,2019
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s! ATTACHMENT A: SCOPE OF WORK
'1862
1.1 General Requirements/Background Information
A. The Contractor shall provide pump repairs at Wastewater Treatment Plants, Lift Stations
and Storm water Pump Stations operated by the City of Corpus Christi Utilities
Department.
B. The work will be performed on an as needed basis.
C. The Contractor shall be responsible for labor, material, parts, and transportation
necessary to perform the services.
1.2 Repairs
A. The City's pump inventory for this contract, outlined in this Scope of Work, consists of
approximately 144 pumps. Most of the pump brands include, but not limited to
Wemco, Polyblend, Wilo, Farrell, Hoffman, Flowserve, Vaughn, Goulds, Seepex, Nemo,
Shanley, Pro Series, Gorman Rupp, Aurora, Moyno, Amarillo Gear, Penn Valley,
Fairbanks Morse, Norddrive Systems and Gardner Denver.
B. The Contractor shall disassemble, inspect, repair, and rebuild pumps.
C. The Contractor shall perform repairs to the following parts of pumps including but not
limited to stator, shaft, impeller, volute, seals, gaskets, stuffing box, packing gland and
bearings.
D. General machine work and/or repair shall consist of but not limited to balancing,
welding, straightening, grinding, custom part manufacturing, shaft rebuilding and
fabricating, sand blasting, and coating of pump.
E. The Contractor shall clean using steam, grit or solvent to obtain accurate
measurements, and for non-destructive evaluation.
F. All repairs shall be in accordance with current pump nameplate data and conditions,
drawings, standards and/or OEM specifications. If the pump is missing nameplate
data, refer to City staff for additional information.
G. After repairs, the pump(s) shall be repainted to manufacturer recommendation and
specification, in a color approved by the City and super coated equal to
manufacturer recommendation or better
H. The City's equipment while in Contractor's possession must be properly stored and
secured at all times.
I. The City reserves the right to inspect the pump at any time during the repair.
J. The Contractor 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.
K. The City reserves the right to audit the Contractor's project costs at any time during
the Contract term.
Page 1 of 4
1.3 Schedule of Work
A. The repair(s) information shall be provided to the Contractor through work/task order
or phone/email request.
B. The Contractor will be responsible for picking up and delivering the pumps in a flatbed
or trailer capable of transporting at least 5000 lbs.
C. The Contractor will pick up the pumps within 24hours of the City's notification. The City
staff will load and unload the pumps to/from the Contractor vehicle.
D. Upon receipt of pump, the Contractor will inspect the pump and submit inspection
report and repair estimate. The report shall include inspection results,
conclusion/recommendations, and visual findings by drawings or digital photos. The
Contractor shall submit repair estimate based on contract pricing for each repair and
shall include estimated repair time, hourly labor costs- to include regular time and over
time (if approved), parts to be replaced with lead time, shipping cost for parts. The
repair estimate and inspection report shall be submitted electronically in PDF format
via email.
E. If the repair estimate is high and is not economical for City to get repaired, then the
Contractor shall provide comparative analysis between the replacement and repair.
The City may decide to buy new pump through new solicitation.
F. The Contractor shall make a reasonable effort that all parts shall be original equipment
manufacturer (OEM). The Contractor shall include the lead time and shipping costs for
OEM parts in the repair estimate. If the lead time for an OEM part will cause the repair
time to exceed 30 days, then the City may approve non-OEM parts i.e third party parts
or fabricated parts
G. The Contractor will provide report and repair estimate within 10 business days after
receipt of equipment. For larger or specialty pumps that may require longer than 10
days, the Contractor shall notify the City prior to the end of 10 business days so
additional time can be negotiated as warranted.
H. If the estimate is accepted and work performed, the Contractor's invoice shall not
exceed the quoted amount unless authorized by the Contract Administrator via an
amendment or change order prior to the work being performed.
I. The repairs shall be completed within 30 calendar days of Contractor receipt of
approval from the Contract Administrator.
1.4 Contract Pricing
A. The Contractor shall perform services during normal working hours 8:00 AM to 5:00 PM,
Monday to Friday. The Contractor shall not work afterhours, Saturdays, Sundays and
Holidays without prior approval from Contract Administrator.
B. Labor rate includes but is not limited to labor, overhead, profit and administrative cost.
C. Onsite technical labor rate includes but is not limited to labor, overhead,
transportation and administrative cost.
D. Materials shall be provided to the City at Manufacturer cost, discount (if applicable)
and mark up.
E. All pricing shall be as outlined in the Bid/Pricing schedule
Page 2 of 4
1.5 Invoicing
The Contractor must submit an itemized invoice for payment, which shall contain the
following information:
1. Purchase Order (P.0) Number and Service Agreement Number
2. Pump Location/Address
3. Serial number of equipment
4. Description of Service
5. Total hours billed; Overtime hours will include a written approval by City staff
6. Itemized list of parts/materials
7. Invoices for parts/materials (to verify markup)
8. Shipping costs for parts/materials
1.6 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.
1.7 Work Site Locations
Pumps are located at the locations listed below. The City reserves the right to add
additional locations as needed.
WWTP Plant Name Address No of Pumps
1 Broadway WWTP 801 Resaca 18
2 Oso WWTP 601 Nile 17
3 Greenwood WWTP 6541 Greenwood Dr 13
4 Allison WWTP 4101 Allison Dr. 10
5 Laguna Madre WWTP 201 Jester 11
6 Whitecap 13409 Whitecap Blvd 20
Lift Lift Station Name Address No of Pumps
Station
1 Up River Road 12300 Up river Rd 2
2 Allison 4101 Allison Dr. 3
3 Stillwell 8100 Stillwell Lane 2
4 McBride 1200 McBride Lane 3
5 Lexington 5233 Lear St 2
6 Brownlee 400 12th St. 3
Page 3 of 4
7 Morgan 8100 N. Brownlee Blvd 2
8 Studebaker 300 Kinney Ave 2
9 Peoples" T" Head Peoples St." Head 2
10 Lawrence "T" Head 400 S. Shoreline Blvd 2
11 Schanen 6102 Del Starr Dr. 2
12 Country Club 6300 Everhart 3
13 Wooldridge 6610 Wooldridge Rd. 4
14 Williams 6602 Williams Dr. 5
15 Oso WWTP # 1 501 Nile Rd. 2
16 Oso WWTP # 2 501 Nile Rd. 4
17 Perry Place Thompson Rd. 2
18 Military & Jester 722 Jester St. 2
19 Laguna Madre WWTP 201 Jester St. 3
20 Aquarius 15000 Aquarius St. 2
SW Pump Station Name Address No of Pumps
Pump
Station
1 Power St. Pump Station 1218 N. Water St 3
Page 4 of 4
Attachment B: Bid/Pricing Schedule
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{ � CITY OF CORPUS CHRISTI
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� LL CONTRACTS AND PROCUREMENT
,_i—.) i
LCJ DEPARTMENT
�' BID FORM
X1852_
RFB No. 2094
Pump Repairs
PAGE 1 OF 1
Date: 6/27/2019
Authorized
Bidder: Odessa Pumps&Equipment Signature: 40, L=--
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 Contracts and Procurement 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.
First Year
Item Description UNIT QTY Unit Price Total Price _
1 Shop Labor Normal Hours, HRS 1700 $70.00 $119,000
Monday to Friday-8:00
AM to 5:00 PM
Tear Down, Inhouse
Inspection, Testing, Rebuild
2 Shop Labor After Hours, HRS 10 $70.00 $700.00
Weekends and Holidays
Teardown, Inhouse
Inspection, Testing, Rebuild
3 Onsite Technical support HR 10 $70.00 $700.00
Normal Hours-8:00 AM to
5:00 PM
4 Pickup Charge from City's EA 30
location to Contractor's $0 $o
business location
5 Return Charge from EA 30 $o $o
Contractor's business
location to City's location
Estimated Mark Up (%) Estimated
Spend Spend+ Mark
up
6 Parts/Materials $125,000 18% $152,439
7 Freight Allowance for $9,000 APPROVED $9,000
Parts/Materials
Total By MICHAEL COMRIE at 7:01 am,8/19/19 $ 9
Second Year
Item Description UNIT QTY Unit Price Total Price
1 Shop Labor Normal Hours, HRS 1750 $70.00 $122,500
Monday to Friday-8:00
AM to 5:00 PM
Tear Down, Inhouse
Inspection, Testing, Rebuild
2 Shop Labor After Hours, HRS 10 $70.00 $700.00
Weekends and Holidays
Teardown, Inhouse •
Inspection, Testing, Rebuild
3 Onsite Technical support HR 10 $70.00 $700.00
Normal Hours-8:00 AM to
5:00 PM
4 Pickup Charge from City's EA 30 $o
location to Contractor's $0
business location
5 Return Charge from EA 30 $o $0
Contractor's business
location to City's location
Estimated Mark Up (%) Estimated
Spend Spend+ Mark
_ up
6 Parts/Materials $125,000 18% $152,439
7 Freight Allowance for $10,000 $10,000
Parts/Materials
Total I AP ROVED90 c
Dy MICHAEL COMR,E a,Td,am,0/1r/,9
Third Year
Item Description UNIT QTY Unit Price Total Price
1 Shop Labor Normal Hours, HRS 1800 $70.00
Monday to Friday-8:00 $126,000
AM to 5:00 PM
Tear Down, Inhouse
Inspection, Testing, Rebuild
2 Shop Labor After Hours, HRS 10 $70.00
Weekends and Holidays $700.00
Teardown, Inhouse
Inspection, Testing, Rebuild
3 Onsite Technical support HR 10 $70.00 $700.00
Normal Hours-8:00 AM to
5:00 PM
4 Pickup Charge from City's EA 30 $0
location to Contractor's so
business location
5 Return Charge from EA 30 $o $o
Contractor's business
location to City's location
Estimated Mark Up (%) Estimated
Spend Spend+ Mark
up
6 Parts/Materials $125,000 18% $152,439
7 Freight Allowance for $1 1,000 $11,000
Parts/Materials
Total APPROVED
aI,u,CuAn CO.91.^t I:OI am,8/1^110
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 certificates and Per occurrence aggregate
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) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
Exhibit.
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
Page 1 of 3
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
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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.
2019 Insurance Requirements
Utilities
Pump Repairs, Maintenance and Service
01/16/2019 sw Risk Management
BONDS
No bonds are required; therefore Section 5(B) is null to this Service Agreement.
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ATTACHMENT D: WARRANTY REQUIREMENTS
A. The Contractor shall warrant that work performed conforms to the specification and is
free of any defects in equipment, material or workmanship performed by the
contractor or any of its subcontractors or suppliers. All work provided by the Contractor
shall be warranted for a minimum period of 1 year from the date of final acceptance
of the work.
B. Material shall be warranted against material defects and defects in workmanship for a
period of 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 hereunder shall be the length of the manufacturer's warranty. The
Contractor shall be responsible for the warranty. The Contractor shall provide the City
with all manufacturer's warranty documents upon completion of service.
C. The Contractor must provide onsite technical support within 24 hours of notification by
the City.
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