SPECIAL INSTRUCTIONS TO OFFEROR(S) · SPECIAL INSTRUCTIONS TO OFFEROR(S) SOLICITATION NO. S74-26558...

SPECIAL INSTRUCTIONS TO OFFEROR(S) SOLICITATION NO. S74-26558

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1.0 SUBMITTAL PROCEDURE: 1.1 Sealed bids, six (6) hard copies of the Bid package, including one (1) printed original must be signed in

BLUE ink on the Official Signature Page by an authorized officer of the Offering Company. Additionally, "SCAN" your original Bid package as an electronic file (to include the hard copy of the Electronic Bid Form, and all Required documents designated in Table-1, Section 2.3 below) and submit six (6) electronic zip drives in a sealed envelope/box bearing the assigned Solicitation Number L26558 located on the first page of this BVB document to:

City Secretary’s Office City Hall Annex, Public Level 900 Bagby St. Houston, Texas 77002

*NOTE: Once the award is made, a bid tabulation for this procurement may be posted and made publicly available on the Strategic Procurement Division's website.

1.2 The deadline for the submittal of the Bid to the City Secretary’s Office is no later than the date and time

as indicated on the first page of the BVB document. All bids will be opened and publicly read in the City Council Chamber, City Hall Annex, Public Level, 900 Bagby St. at 11:00 AM on the solicitation due date. Failure to submit the required number of copies as stated above may be subject for disqualification from the BVB process.

1.3 Respondents may elect to either mail or personally deliver their Bids to the City Secretary’s Office. 1.4 The City of Houston shall bear no responsibility for submitting responses on behalf of any Respondent.

Respondent(s) may submit their Bid to the City Secretary’s Office any time prior to the stated deadline. 2.0 BEST VALUE BID FORMAT: 2.1 The Bid should be electronically generated, printed and original signed in BLUE ink. The bid should not

be submitted in elaborate or expensive binders. Legibility, clarity, and completeness are important and essential.

2.2 The Bid must be signed by an individual(s) legally authorized to bind the Respondent(s), and the City

may accept this bid offer by issuance of a Contract to the said Respondent(s) at any time on or before the 180th day following the day this Official Bid Form is opened by the City. This offer shall be irrevocable for 180 days, but shall expire on the 181st day unless the parties mutually agree to an extension of time in writing.

2.3 The complete Bid packet shall consist of the following forms/items:

TABLE 1 – REQUIRED BID FORMS/ITEMS Signed Official Signature Page Hard Copy of Electronic Bid Form (Pricing Sheet) Affidavit of Ownership Fair Campaign Ordinance


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Statement of Residency Conflict of Interest Questionnaire Pay or Play Program (POP 1) Form Pay or Play (POP 2) Form Criminal Justice Information Services (CJIS) Compliance Addendum (Applicable to Houston Police Department (HPD) Occupied Facilities) Contractor’s Questionnaire List of Subcontractor(s) M/WBE Attachment A & B Forms Experience/Expertise Past Performance Financials Six (6) Electronic Copies on Memory Sticks/ Flash Drives

* Documents/forms can be downloaded from the City’s Website: http://purchasing.houstontx.gov/forms.shtml Table 2 lists other documents and forms that should be viewed/downloaded from the City’s website, but are not required to be submitted with the bid. The City will request these forms, as applicable, to be completed and submitted to the City by the recommended/successful bidder:

TABLE 2 - DOCUMENTS & FORMS Drug Forms EEOC Formal Instructions for Bid Terms Sample Insurance Over $50,000 Insurance Endorsements Pay or Play Office of Business Opportunity & Contract Compliance Q & A Pay or Play Office of Business Opportunity & Contract Compliance Requirements Pay or Play Contractor/Subcontractor Payment Reporting Form Pay or Play Contractor/Subcontractor Waiver Request Pay or Play List of Participating Subcontractors

3.0 PRE-BID CONFERENCE: 3.1 A Pre-Bid Conference will be held at the date, time, and location as indicated on the first page of the BVB

document. Interested Respondent(s) should plan to attend. It will be assumed that potential Respondent(s) attending this meeting have reviewed the BVB in detail, and are prepared to bring up any substantive questions not already addressed by the City.

http://purchasing.houstontx.gov/forms.shtml


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4.0 ADDITIONAL INFORMATION AND SPECIFICATION CHANGES: 4.1 Requests for additional information and questions should be addressed to the Finance Department,

Strategic Procurement Division Buyer, Elnora Smith, telephone: (832) 393-0209, or e-mail (preferred method to): [email protected] no later than April 19, 2018 at 2:00 P.M. CST. The City of

Houston shall provide written response to all questions received in writing before the submittal deadline. Questions received from all Respondent(s) shall be answered and sent to all Respondent(s) who are listed as having obtained the BVB. Respondent(s) shall be notified in writing of any changes in the specifications contained in this BVB.

5.0 LETTER(S) OF CLARIFICATION: 5.1 All Letters of Clarification and interpretations to this Solicitation shall be in writing. Any Letter of

Clarification(s) or interpretation that is not in writing shall not legally bind the City of Houston. Only information supplied by the City of Houston in writing or outlined in this BVB should be used in preparing bid responses.

5.2 The City does not assume responsibility for the receipt of any Letters of Clarification sent to

Respondent(s). 6.0 EXAMINATION OF DOCUMENTS AND REQUIREMENTS: 6.1 Each Respondent shall carefully examine all BVB documents and thoroughly familiarize themselves with

all requirements prior to submitting a Bid to ensure that the Bid meets the intent of this BVB. 6.2 Before submitting a Bid, each Respondent shall be responsible for making all investigations and

examinations that are necessary to ascertain conditions and requirements affecting the requirements of this BVB. Failure to make such investigations and examinations shall not relieve the Respondent from obligation to comply, in every detail, with all provisions and requirements of the BVB.

7.0 EXCEPTIONS TO TERMS AND CONDITIONS: 7.1 Best Value Bids: An Offer that takes exception to a material requirement of any part of the Solicitation,

including terms and conditions, may be rejected. 8.0 ACCEPTANCE AND REJECTION OF BIDS: 8.1 The City reserves the right to accept or reject, in whole or in part, any or all bids received and to make

award on the basis of individual items or combination of items, as it is deemed most advantageous or in the best interest to the City.

8.2 The City may accept this bid offer by issuance of a Contract covering award of said bid to this Bidder at

any time on or before the 180th day following the day this Official Bid Form is opened by the City. This offer shall be irrevocable for 180 days, but shall expire on the 181st day unless the parties mutually agree to an extension of time in writing.

9.0 HIRE HOUSTON FIRST: 9.1 Designation as a City Business or Local Business


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9.1.1 To be designated as a City or Local Business for the purposes of the Hire Houston First Program, as set out in Article XI of Chapter 15 of the Houston City Code, a bidder or proposer must submit the Hire Houston First Application and Affidavit (“HHF Affidavit”) to the Director of the Mayor’s Office of Business Opportunities and receive notice that the submission

has been approved prior to award of a contract. Bidders are encouraged to secure a designation prior to submission of a bid or proposal if at all possible.

9.1.2 Download the HHF Affidavit from the Office of Business Opportunities Webpage at the City of

Houston e-Government Website at the following location: http://www.houstontx.gov/obo/hirehoustonfirst.html

9.1.3 Submit the completed application forms to: Office of Business Opportunity, Houston Business

Solutions Center, 611 Walker, Lobby Level, Houston, TX 77002 (832) 393-0954 or Applications may be submitted via e-mail to [email protected] or faxed to 832.393.0650.

9.2 Award of Procurement Pursuant to a Request for Proposal, Best Value Solicitation or

Alternative---Pursuant to Chapter 15 of the City Code of Ordinances 9.2.1 IN EVALUATION OF A PROPOSAL SUBMITTED UNDER ANY OF THE ABOVE

PROCUREMENT METHODS, THE CITY SHALL AWARD EXTRA POINTS EQUAL TO • THREE PERCENT OF THE TOTAL EVALUATION POINTS AVAILABLE TO A “LOCAL BUSINESS,” AS

DEFINED IN SECTION 15-176 OF THE CITY OF HOUSTON CODE OF ORDINANCES, AND • FIVE PERCENT OF THE TOTAL EVALUATION POINTS AVAILABLE TO A “CITY BUSINESS ,”AS DEFINED

IN SECTION 15-176 OF THE CITY OF HOUSTON CODE OF ORDINANCES • UNLESS THE USER DEPARTMENT DETERMINES THAT AN AWARD TO THE LOCAL OR CITY BUSINESS

WOULD UNDULY INTERFERE WITH CONTRACT NEEDS, AS PROVIDED N SECTION 15-181 OF THE CODE.

10.0 PROTEST: 10.1 An interested party may file a protest on the basis that the City has failed to comply with applicable

federal or state law or with City ordinances. The subject of the protest shall be limited to fraud, corruption, or illegal acts undermining the objectivity and integrity of the procurement process.

Protests should be filed in accordance with the City of Houston Administrative Policy (A.P. No. 5- 12) http://www.houstontx.gov/policies/administrative_policies.html

11.0 NO CONTACT PERIOD:

11.1 Neither bidder(s) nor any person acting on bidder(s)'s behalf shall attempt to influence the outcome of

the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City of Houston, their families or staff members. All inquiries regarding the solicitation are to be directed to the designated City Representative identified on the first page of the solicitation. Upon issuance of the solicitation through the pre-award phase and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award, aside from bidder's formal response to the solicitation, through the pre-award phase, written requests for clarification during the period officially designated for such purpose by the City Representative, neither

http://www.houstontx.gov/obo/hirehoustonfirst.html

mailto:[email protected]

http://www.houstontx.gov/policies/administrative_policies.html


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bidder(s) nor persons acting on their behalf shall communicate with any appointed or elected official or employee of the City of Houston, their families or staff through written or oral means in an attempt to persuade or influence the outcome of the award or to obtain or deliver information intended to or which could reasonably result in an advantage to any bidder. However, nothing in this paragraph shall prevent a bidder from making public statements to the City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council committee convened to discuss a recommendation regarding the solicitation."

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UNIFORM INSTRUCTIONS TO OFFEROR(S) SOLICITATION NO. S74-L26558

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1.0 This BVB does not commit the City of Houston to award a Contract, issue a Purchase Order, or to pay any costs incurred in the preparation of a Bid in response to this request.

2.0 The Bid will become part of the City’s official files without any obligation on the City’s part. All Responses

shall be held confidential from all parties other than the City until after the Bids are opened and publicly read. Afterward, the Bids shall be available to the public.

3.0 In the event an Respondent submits trade secret information to the City, the information must be clearly

labeled as a “Trade Secret.” The City will maintain the confidentiality of such trade secrets to the extent provided by law.

4.0 Respondent(s) shall not offer any gratuities, favors, or anything of monetary value to any official or

employee of the City of Houston (including any and all members of the Bid evaluation committees). 5.0 Respondent(s) shall not collude in any manner, or engage in any practices, with any other Respondent(s),

which may restrict or eliminate competition, or otherwise restrain trade. This is not intended to preclude subcontracts and joint ventures for the purposes of: a) responding to this BVB; or b) establishing a project team with the required experience and/or capability to provide the goods or services specified herein.

6.0 Respondent(s), their authorized representatives and their agents are responsible for obtaining, and will

be deemed to have, full knowledge of the Conditions, requirements, and Specifications of the BVB at the time a Bid is submitted to the City.

7.0 Clerical support and reproduction of documentation costs shall be the responsibility of the Prime

Contractor. If required, such support and costs shall be factored into the Bid amount. 8.0 Prime Contractor personnel essential to the continuity, and the successful and timely completion of the

project should be available for the duration of the project unless substitutions are approved in writing by the City Project Director.

9.0 Prime Contractor must promptly report to the City Project Director any conditions, transactions, situation,

or circumstances encountered by the Prime Contractor which would impede or impair the proper and timely performance of the Contract.

10.0 The City reserves the right to waive any minor informality concerning this BVB, or to reject any or all Bids

or any part thereof. 11.0 The City reserves the right to request clarity of any Bid after they have been received. 12.0 After Contract execution, the successful Respondent shall be the Prime Contractor and responsible party

for contracting and communicating the work to be performed to subcontractors, and for channeling other information between the City and subcontractors. Any subcontracting must be specified in the BVB. Any subcontracting not specified in the BVB will need prior written approval from the Chief Procurement Officer.

13.0 Prime Contractor assumes total responsibility for the quality and quantity of all work performed, whether

it is undertaken by the Prime Contractor or is subcontracted to another organization. 14.0 If subcontractor involvement is required in the use of license, patent, or proprietary process, the Prime

Contractor is responsible for obtaining written authorization from the subcontractor to use the process, or provide another process comparable to that which is required and which is acceptable to the City, all at no additional cost or liability to the City.

RESPONSIVENESS & RESPONSIBLENESS EVALUATION ASSESSMENT SOLICITATION NO.:SOLICITATION NO.: S74-L26558

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To simplify the review process and to obtain the maximum degree of comparability, the Respondent(s) must provide the responses to the items set forth below and include this information as requested in their bid packet; to allow for the evaluation committee to conduct a thorough assessment of the Respondent(s) experience and capabilities. Moreover, Respondent(s) are encouraged to include additional relevant and supporting information to demonstrate their qualifications. 1.0 EXPERIENCE/EXPERTISE: (45 Points) 1.1 Experience/Expertise will be evaluated on the summary statement that shall include the below requested

information: (45 Points)

1.1.0 When the company was founded and its principal business office location. 1.1.1 How long has it been in operation and any key background information associated with the

requirements of this solicitation? 1.1.2 A business summary with relevant financial information. 1.1.3 Detailed experience on repair and replacement of small submersible pumps for wastewater or

closely related applications. 1.1.4 The Respondent(s) experience and expertise on projects comparable in size, scope and

complexity to the Bid Solicitation. 1.1.5 A list of key resources working for the company and any achievements that the Respondent

has made over its total operating period. 1.1.6 Experience with local/state/federal regulatory authorities. 1.1.7 Safety record history (last 5 years).

1.2 Respondent shall provide an organizational chart of proposed team for this contract. Respondent shall

provide a list of key staff members and years/experience with small submersible pumps. Repair/rewind/recondition services as shown below (10 Points).

Name Title Experience (Years) / Type Small

Submersible Pump Repair Skills

1.3 Respondent shall provide resumes of key personnel whom will be responsible for the delivery of

contract services. Include copies of key personnel certifications and/or licenses associated with small submersible pumps repair services. Bidder’s project team must include at least (one) 1 senior technical, with a minimum of five (5) years’ experience in the repair and/or overhaul of small submersible pumps types and sizes included in this solicitation (15 Points).


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2.0 PAST PERFORMANCE: (30 Points) 2.1 Respondent shall demonstrate they have performed services similar in size and scope to this project.

Respondent shall submit as references a list of previously executed contracts for small submersible pumps repair services (minimum of one (1) and maximum of five (5) contracts) similar in scope and size along with documented proof of executed contract(s). Include information on any municipalities offered small submersible pumps repair services as follows (15 points):

Customer Name

Customer Address/Phone #

Contract Award Date

Contract Completion Date

Contract Amount ($)

Scope of Services Provided

Were you the prime contractor? (Yes/No)

2.2 Respondent shall submit sufficient information to demonstrate their experience on repair and

replacement of small submersible pumps for water and wastewater or closely related applications as follows (15 points):

2.2.1 A minimum of three (3) and maximum of five (5) small submersible pump repair work

orders examples with related Disassembly and Inspection (D&I) reports and repair estimates. The range of work order values should be between $5,000 and $60,000. Vendor is expected to provide an example for each of the categories as follows:

2.2.1.1 $5,000 to $19,999 2.2.1.2 $20,000 to $39,999 2.2.1.3 $40,000 to $60,000

2.2.2 A minimum of three (3) and maximum of five (5) examples of small submersible pump

installations work orders and the name of the customer who was offered these services. 2.2.3 A list of all sub-contractors and suppliers used in the past three years for small

submersible pump repair.

Sub-Contractor/Supplier Name

Sub-Contractor/Supplier Address/Phone #

Annual Average Payments ($)

Parts or Scope of Services Provided


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3.0 COST (25 Points): 3.1 The City of Houston will evaluate bids submitted, to determine whether the proposed costs are

considered fair and reasonable. Any proposed costs determined to be unreasonably high or unbalanced may result in the Respondent(s) being ineligible for award.

4.0 FINANCIAL CAPABILITY (Pass or Fail): 4.1 Submit audited annual financial statements, in accordance with and as defined in the Financial

Accounting Standards Board (FASB) regulation(s) for the past two years. In addition, include your Dunn & Bradstreet Report or Federal Tax Forms filed to the Internal Revenue Service (IRS) for the past two years.

5.0 M/WBE PARTICIPATION (Pass or Fail) 5.1 Contractor shall comply with the City’s Minority and Women Small Business Enterprise (“MWSBE”)

programs as set out in Chapter 15, Article V of the City of Houston Code of Ordinances. Contractor shall make good faith efforts to award subcontracts or supply agreements in at least the value stated in this Agreement to MWSBE’s. Contractors are encouraged to provide meaningful participation to each subcontractor to the fullest extent of its capacity. Contractor acknowledges that it has reviewed the requirements for good faith efforts on file with the City’s Office of Business Opportunity (OBO) and shall comply with them.

6.0 CONFORMANCE WITH BVB REQUIREMENTS (Pass or Fail) 6.1 To be eligible for selection, a bid must be timely received from the Respondent. The bid must be

signed by the Respondent’s authorized representative and include relevant and complete documents for Sections 1.0 through 5.0 as stated above.


EVALUATION AND SELECTION PROCESS SOLICITATION NO.: S74-L26558

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1.0 SELECTION PROCESS: 1.1 The award of this Contract(s) will be made to the respondent(s) offering the response which best meets

the needs of the City. The City may perform additional research, as it deems necessary, to determine the capabilities of the Respondent(s) to create, modify and implement the requirements of the bid solicitation. The Respondent(s) shall furnish to the City such data as the City may request for this purpose. The City reserves the right to reject any offer if the evidence submitted by or the investigation of the Respondent(s) fails to satisfy the City or the Respondent(s) is deemed unqualified to provide the services contemplated. Each Respondent will be evaluated based on the following evaluation criteria that are listed below:

1.1.1

1.1.2 (*) Hire Houston First Preference Points (City Business = five (5) extra percentage points or Local Business = three (3) extra percentage points and Non-City and Non-Local Business will receive zero (0) extra percentage points).

No. FACTOR DESCRIPTION Maximum Points

1.0 EXPERIENCE/EXPERTISE 45

2.0 PAST PERFORMANCE 30

3.0 COST 25

4.0 FINANCIAL CAPABILITY PASS/FAIL

5.0 M/WBE PARTICIPATION PASS/FAIL

6.0 CONFORMANCE WITH BVB REQUIREMENTS PASS/FAIL

TOTAL 100%

SCOPE OF SERVICES & SPECIFICATIONS SOLICITATION NO.: S74-L26558

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SECTION B

SCOPE OF WORK SMALL SUBMERSIBLE PUMP REPAIR SERVICES

1.0 GENERAL REQUIREMENTS

1.1. The Contractor shall furnish all supervision, labor, parts, tools, materials, equipment, supplies, engineering

and facilities necessary to provide precision repair and replacement services for small submersible pumps, at various water and wastewater facilities within the City of Houston. The City will monitor the repairs and replacements of its submersible pumps as needed.

1.2. The meaning of some specific terms as used in this contract is given in Exhibit A, Definitions. 1.3. This specification defines minimum acceptable requirements for reconditioning, rewinding, repairing and

testing of the small submersible pumps located at the City of Houston facilities. Work includes, but is not limited to servicing motor stator coils, motor stator iron, motor rotor, pump casing, pump impeller, pump volute, wear rings, bearings, seals, and electrical/mechanical work.

1.4. The Contractor shall be available to provide the services hereunder as well as carry out inspections, machine

shop services, replacement parts, and auxiliary equipment 24-hours per day, 365 days per year on an as-needed basis.

1.5. The small submersible pumps are grouped to indicate the manufacturer and type of the units. See Exhibit A,

Definitions, for the list. 1.6. Contractor shall coordinate work activities as directed by CTR/UDR so as to avoid interference with ongoing

operations and maintain regulatory permit compliance. Services involving shutdown of equipment must be approved by the UDR and coordinated with operations supervisor of the facility. Granting of a shutdown is subject to Operation conditions at the time of the request.

1.7. The Contractor’s facility shall be subject to inspection with a forty-eight (48) hours advance notice to verify

equipment and personnel deemed necessary to perform the type of repair services required under this contract are in place at the time of inspection.

1.8. The Contractor shall provide a listing of all Subcontractors to be used for specific repair work to the City,

which includes the name(s) and location(s) of each shop(s). In addition, the Contractor shall provide the scope of work that will be performed by the Sub-Contractor (s).

After the start of the contract, any Sub-Contractor changes and/or additions must be mutually agreed between the City and the Prime Contractor, prior to such changes and/or additions taking place, and prior to the commencement of work by the new subcontractor. The Contractor shall submit brief information on the subcontractor along with a description of services to be performed and reason for the change/addition to the CTR and/or COR.

The subcontractors’ work must be carried out in accordance with all applicable standards and

requirements as outlined in this specification. 2.0 STANDARDS AND CODES 2.1. The small submersible pumps at the Wastewater Facilities are purchased and installed under City’s Master

Specifications 1131, Submersible Wastewater Pumps, dated 12/21/2015 (Exhibit B-12), which shall be included as a part of this contract.


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2.2. Unless otherwise specified, services provided pursuant to this Agreement requires compliance with the latest versions of applicable sections of the following standards and codes:

American National Standard Institute (ANSI) Hydraulic Institute Anti-Friction Bearing Manufacturing Association (AFBMA) Institute of Electrical and Electronic Engineers (IEEE) American Society of Mechanical Engineers (ASME) National Electrical Code (NEC) National Electrical Manufacturers Association (NEMA) American Society of Civil Engineers (ASCE) Wherever this document refers to the following codes and standards, then that specific

section(s) of the code/standard shall apply to the repairs and replacement being carried out by the Contractor:

Steel Structures Painting Council (SSPC) American Society for Non-Destructive Testing City of Houston Electrical Code American Society for Testing and Materials (ASTM)

2.3. Unless otherwise specified, fabrications, processes, parameters, and test methods for any electrical parts

and/or equipment shall conform to the latest revision of the following electrical Apparatus Service Association (EASA) documents:

EASA AR100-2010 – Recommended practice for repair of rotating apparatus (hereafter abbreviated as

EASA AR100-2010); EASA Technical Note No. 16 – Guidelines For Maintaining Motor Efficiency During

Rebuilding, September 1999 (hereafter abbreviated as EASA Tech Note No. 16); EASA Technical Note No. 17 – Stator Core Testing, updated March 1997 (hereafter

abbreviated as EASA Tech Note No. 17); EASA Bearing Fit Tolerance Chart updated 1997. ASTM E1934-99a(2005e1) – Standard Guide for Examining Electrical and Mechanical

Equipment and Infrared Thermography (herein abbreviated as ASTM E 1934).

2.4. All submersible pump services shall be performed in a manner to comply with the applicable sections of standards and codes listed in this specification.

2.5. All test equipment required for test results shall be calibrated at a minimum once per year against standards

traceable to the National Institute of Standards and Technology (NIST) or equivalent standards laboratories (see EASA AR100-2010). The Contractor shall establish, document, and maintain calibration records for test and measuring equipment used to demonstrate conformance of product to specified requirements.

2.6. The Contractor shall furnish copies of current environmental permits and demonstrate compliance with

current local, state, and federal environmental regulations. REPAIRS AND REPLACEMENTS

3.0 REPAIRS 3.1. The Contractor shall complete the repairs of the submersible pump as follows: 3.2. The Contractor shall, within ten (10) working days of receipt of the pump, disassemble and inspect (D&I) the

unit and provide a Teardown and Recommended Repair Report (Exhibit B1) and a Recommended Repair


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Estimate Form (Exhibit B6). The report shall include a brief root cause failure explanation. In addition, the report shall include, but not limited to the following:

• Control and Power Cable Readings • Cable Length and Conditions • Conditions of Impeller / Volute • Condition of Wear-Ring • Megging of Motor • Condition / Presents of Nameplate • Motor Conditions (Rotor / Stator) • Conditions of Shaft / Bearings / Seals • Pump’s (Manufacture / Model / Serial Number) • Digital Photos • Facility Location

3.3. The Repair Estimate Form (Exhibit B6) shall include:

• A brief description of the work to be performed • The description of parts or components proposed to be repaired and /or replace • Original price listing before mark-up or discount • Labor hours and rate and equipment rental • The cost of the pump replacement and related quote from OEM supplier • The cost for new replacement OEM or Non-OEM parts and related actual quotes from OEM or Non-

OEM suppliers • The estimated additional labor hours and rate required for the repair of the unit if the repair is not

listed in the fee schedule (see Section 11:“Additional Services”) • The lead time for delivery of parts and expected completion date of the work.

3.4. The Contractor shall prepare an accurate D&I report using Exhibit B-1, Teardown and Recommended Repair

Report and provide a good faith and detailed repair cost estimate for the City’s review and approval.

3.4.1 Repair cost estimates shall include specific and detailed statement of the work to be performed, cost for new replacement OEM or equal new Non-OEM parts and estimated labor hours required for the repair of the unit, the estimated time for delivery of parts, and expected completion date for the work.

Repair cost estimates shall also include all related detailed quotes from suppliers and sub-

contractor(s), as applicable, to support the repair cost estimate.

3.5. If the Contractor plans to use any part other than an OEM part, the Contractor shall obtain prior written approval from the CTR.

The Contractor shall submit specifications and documentation on the proposed substitution;

The onus is on the Contractor to establish and prove that non-OEM parts meet or exceed the required specifications in fit, form and function as OEM parts.

The Contractor must demonstrate that the non-OEM part(s) is equal to or of better material and

craftsmanship and performance standards, and will not require modification to other parts.

At the City’ request, and at the Contractor’s expense, testing may be required by an independent third party approved by the CTR.

Testing data provided must show if NON-OEM parts exceed or exceed OEM requirements.


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All repair or replacement parts shall equal or exceed specifications for OEM repair or replacement parts 3.6. If the Contractor uses Non-OEM parts to repair pumps without prior written approval from UDR and CTR,

payment authorization for such repair will be denied. 3.7. At the CTR’s request, the Contractor may be asked to provide pricing for both OEM and Non-OEM repair

parts. Contractor shall submit cost estimate within seven (7) business days of the completion of the Disassembly and Inspection (D&I), otherwise a written explanation for the delay shall be provided by the Contractor to the UDR.

Repair cost estimates that include only new OEM parts require the UDR’s approval. However, cost

estimates that involve equal, new Non-OEM parts will require the approval of the UDR AND CTR.

3.8. All labor to perform teardown inspections, cleaning, disassembly, sandblasting, balancing, reassembly, painting, shop testing, and documenting shall be included as labor/base price for the pump overhaul-repair.

3.9. Upon approval of the cost estimate, the CTR will issue a work order. Upon receipt of the work order, the

Contractor shall commence work on the unit and complete the repairs within the time specified in 3.91 and 3.92 for delivery of such item(s).

Submersible pumps smaller or equal to 75 HP - 6 weeks. Submersible pumps greater than 75 HP - 12 weeks.

The Contractor shall notify the UDR and CTR immediately if the Contractor cannot complete the

job repairs within the contractually agreed time periods. The Contractor shall submit to the UDR a detailed explanation for the delay with new documentation to complete the job. If additional work is required, the Contractor shall submit explanation before commencing the additional work.

3.10. The Contractor is responsible for ordering the correct parts, within five (5) business days of the acceptance

of the signed approval sheet from the UDR or CTR. The confirmation of each order shall be provided in writing from the Contractor to the UDR.

If parts have NOT been ordered within the specified time, without a valid reason acceptable to the UDR, a five-percent (5%) discount shall be applied to the final invoice amount each (business) day the part was not ordered unless written proof (reason for delay) is provided by the Contractor via distributor and/or manufacturer. The deduction shall not exceed fifteen percent (15%) of the final invoice amount.

3.10.2 If Contractor orders the incorrect part(s) that may cause a delay in delivery of completely

assembled unit, then a fifteen percent (15%) deduction of the final invoiced amount shall be accessed as liquidated damages.

3.11. The Contractor shall disassemble the submersible pump completely, and ensure old shim packs, gaskets, spacers, retainer’s rings, and oil seals are kept with the respective subassemblies for later reference during evaluation.

3.12. The overhaul of the submersible pump shall include gearbox replacement, oil gaskets, seals, hub

assembly, shaft, impeller and all necessary lubricants associated with the unit. 3.13. The Contractor shall clean the gear drive reducer sub-assembly housing, upper bearing, low speed coupling,

housing and all internal parts sufficiently enough to allow measurements to be taken to determine if the dimensions are within OEM tolerances.

3.14. Bearings shall be washed in solvent and allowed to air dry.


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3.15. Repair shall include sandblasting, welding and machining as required. Other services required of the Contractor shall include Non-Destructive Testing (NDT), chroming and metalizing if and when required.

3.16. Repaired pumps (including motor and shaft assembly) shall be rotated and balanced by the Contractor. All

individual parts and components shall be reassembled, tested, sealed, and painted according to manufacturer’s specifications.

All damaged and replaced parts that are deemed “Non-Repairable” shall be wrapped and/or

contained with the City’s work order number, equipment identification number, equipment release and Contractor’s job number. In addition, the Contractor shall deliver all labeled parts to a designated location specified by the UDR/CTR.

Non-repairable units do not need to be reassembled, but shall be labeled and grouped per job

number and placed on a skid or container. A City representative will pick up all submersible pumps and pump components from the contractor facility.

If the unit is deemed “non-repairable the Contractor shall return the pump to the City and invoice the City for “Non-Repairable Cost” per the fee schedule. This cost shall include, but not limited to digital photos, teardown and/or the D&I report.

3.17. At all times during the repair process, the Contractor shall maintain the City’s equipment in a clean and

weather protected storage area. 3.18. The rotor assembly shall be checked for total indicated run out and recorded on the rotor information sheet.

The check shall be carried out in precision “V-Blocks. 3.19. Shaft seal surface, bearing journals, shall be micrometer checked and results shall be recorded on the

rotor information sheet within the D&I Report. 3.20. The critical dimensions of the end bells and bearing housing shall be micrometer checked and recorded on the mechanical inspection sheet 3.21. The above measurements shall be submitted to the UDR with the D&I report, along with the electrical and mechanical data sheets. 3.22. Replacement bearings shall have an L10 rating life in accordance with ANSI/AFBMA of at least 40,000

hours. If the L10 rating life of the existing bearing is larger than 40,000 hours, the Contractor shall replace the bearing with the same L10 rating life bearing as the existing one.

3.23. The Contractor shall ensure the quality of varnish in the Dip Tank and the VPI system by sampling and testing the varnish in the DIP Tank/VPI system every three months. The Contractor shall have the varnish quality reports available for review by the City Inspection Team and the UDR.

3.24. After parts have been repaired, the Contractor shall put together and balance the rotating assembly. The Contractor shall balance the rotor first, and then balance the assembled rotor and impeller.

3.25. The Contractor shall reassemble the submersible pump unit, seal, paint and test as required. 3.26. Surface of all RECONDITION-REPAIR and REWIND-REPAIR units shall be prepared for painting to white

metal finish by blast cleaning to surface preparation standards and specifications (SSPC-SP5). 3.27. Surface of all RECONDITION-REPAIR and REWIND-REPAIR units shall be primed and finished, in an

approved paint booth, using the unit manufacturer’s standard epoxy painting system:

The minimum primer coat thickness shall be 3 mils DFT, dry film thickness (DFT).


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The minimum finish coat thickness shall be 6 mils DFT, dry film thickness (DFT).

If the manufacturer’s “standard epoxy painting” information is not available, the following industrial coating specification for surface of pumps and equipment shall be followed:

The primer and finish coats shall be two-component, rust-inhibitive, polyamide- cured epoxy

coating with a recoatable finish,

The prime coat shall be Ameron 38P, Tnemec 69, or equal.

The finish coat shall be Ameron 38S, Tnemec 69, or equal.

Changes to paint specifications shall be approved by the UDR prior to application of paint.

The user department will specify the paint color.

3.28. Whenever needed, OEM or CTR approved substitute specified lube/cooling oils, or equal, shall be used in the oil chamber. The lube/cooling oils shall be biodegradable, nontoxic, and FDA approved.

3.29. Greases and/or Lubricants used on bearings shall be OEM specified or CTR approved. 3.30. All testing and painting of the submersible pump shall be included in base cost associated with the repair of

each unit. 3.31. All electrical work for RECONDITION-REPAIR and REWIND-REPAIR of the units shall be in accordance

with MOTOR INSPECTION AND REPAIR.

MOTOR INSPECTION AND REPAIR

4.0 MOTOR INSPECTION AND REPAIR-GENERAL

4.1. The Contractor shall provide a repair data sheet showing the condition of the motor upon receipt, the repair work done and the final test results.

4.2. During disassembly, the motor shall be visually inspected to determine cause of failure, including electrical and/or mechanical failure. Stators shall be removed from the housing.

4.3. Stator winding phase to ground insulation shall be checked with a 500- v o l t megger and the results

noted on the inspection form. 4.4. Stator winding shall be checked for shorts using surge-comparison tests and all values recorded. 4.5. The rotor assembly shall be inspected for wear, scoring and cracks. Checking for open rotor bars shall

be done using but not limited to growler and magnetic paper; Enhanced testing of rotor bars can be done using infrared thermography in accordance with the relevant standards and codes.

4.6. All stators that are to be rewound shall be core lose tested. This test shall be done after windings are

removed and before burnout. The results shall be submitted to the UDR. 4.7. Shaft seal surface, bearing journals and coupling fit, shall be checked with a micrometer and recorded

on the rotor information sheet. 4.8. The insulating material in the rewinding of the unit shall have a Class “F” rating, unless higher rating is

indicated on name plate data or requested by the CTR.


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4.9. Recondition and Rewind: A standard recondition or rewind is described in their respective sections and either standard recondition or rewind fees will apply. However, any additional parts, material or labor beyond the normal scope of work shall be considered additional cost.

4.10. Reconditioning and Rewinding Fees: The Contractor shall invoice either the reconditioning fee or the

rewinding fee for the motor repair of the same pump. The Contractor shall NOT invoice both the reconditioning fee and the rewinding fee for the motor repair of the same pump.

5.0 MOTOR INSPECTION AND RECONDITION REPAIR 5.1. Motors that have been designated for winding reconditioning (and have been thoroughly cleaned free

from dirt, grit, grease, oil, and properly dried) shall be inspected for winding damage and recommended repairs shall be made to damaged areas upon approval.

5.2. Damage to the windings shall be recorded and submitted to the UDR. 5.3. Motor insulation shall be washed with hot soapy water at 200 degrees Fahrenheit and at 30 PSI (Pounds

per Square Inch) and then with fresh water. After cleaning, unit must be baked between 250 and 275 degrees Fahrenheit until an acceptable insulation level is obtained.

5.4. Reconditioned motors shall receive a minimum of two (2) dips and baked in insulating resin. Stator

shall be baked at insulation resin manufacture’s recommended temperature and time to assure full curing. Stator shall be removed from housing for this process.

5.5. The Contractor shall NOT rewind nor invoice for the rewinding of motors that have been designated for

reconditioning. 6.0 MOTOR INSPECTION AND REPAIR-REWIND 6.1. The stator core shall be vertically set in the burnout oven. After burnout and winding removal, the core

and frame shall be allowed to cool by natural convection without forced air to avoid overstress or warping. Maximum burnout temperature shall be 650 degrees “Fahrenheit” to avoid damage to laminations.

6.2. Torch heating shall NOT be used for stator clean up. 6.3. The stator core shall be blasted to a bare metal finish. Refer to Section 10.28 of these specifications for the

type of grit permitted for blasting. 6.4. The core shall be thoroughly cleaned; the stator core shall be examined for lamination damage such

as fusing or metal loss due to arcing. 6.5. Fused l a m i n a t i o n s shall be separated either b y grinding or filing. Bent laminations shall be realigned

and all protrusions into the slot area shall be filed or ground smooth. Stator cores shall not be re-stacked without the approval of the UDR and CTR.

6.6. Before a new winding is installed in a stator the winding data shall be verified to assure that an original

factory equal winding is being installed. If the manufacturer’s data is not available, the winding data shall be verified to assure it conforms to the relevant EASA standard(s).

6.7. Coils shall be formed with the same number of turns as the original winding. 6.8. Resistance of the rewound stator shall be the same as the original winding.


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6.9. Coils shall be machine wound with sufficient wire tension to obtain freedom from crossovers and uniform cross-section coils.

6.10. Stator winding extensions shall be shaped to ensure adequate winding clearance on the motor reassembly. 6.11. Phase insulation shall be installed between phase coils, prior to coil lacing, to minimize phase-to-phase

contact. Separators shall be installed between the top and bottom coil in the core slots. 6.12. Pre-formed slot wedges shall be used to secure the winding in the stator slot, with shim material as

necessary to assure tightness. 6.13. After the winding is complete; a thorough inspection shall be performed to ensure the slot insulation

overhangs the core slot edges and is not broken or torn at the core slot edges. 6.14. All winding and lead connections shall be brazed with a “silver content” rod and insulated with Class “F”

insulation or better. 6.15. The winding, connections and leads shall be securely laced to form an integral assembly with adequate

physical clearance to ground as required by applicable codes and specifications. 6.16. All leads brought into the connection box shall be numbered and equipped with a compression lug with NEMA

standard bolt-hole. 6.17. The finished stator winding insulation to ground shall be checked with a 500 Volts megger. The minimum

acceptable insulation resistance reading shall be 10 mega-ohms. 6.18. The completed stator shall be preheated in a temperature-controlled oven to the varnish manufacturer’s

recommendation, not to exceed class “F” operating temperature and shall be held at this temperature for one (1) hour.

6.19. Stator shall be allowed to cool by natural convection to the temperature required by insulation resin

manufacturer prior to being dipped in insulating varnish. 6.20. Stator shall be dipped three (3) times in insulating varnish, repeating processes of Section 6.18 and 6.19. 6.21. Random-Wound / Form-Wound stators shall go through dip tank process. However, vacuum pressure

impregnation (VPI) process shall be an additional cost not to be included into standard Rewind Repair Cost (when applicable).

6.22. Baking shall be done in a temperature controlled and force ventilated oven to allow a complete and

uniform cure per pump manufacturer’s specifications. 6.23. Resin shall be completely removed from the stator frame mechanical fit outer paint surfaces, and the

inner bore of the stator. 6.24. The Contractor shall NOT recondition nor invoice reconditioning of motors that have been designated for

rewinding. 7.0 EXPLOSION-PROOF SUBMERSIBLE PUMP UNITS (SUITABLE FOR NEC CLASS I, DIVISION I, GROUP

D)

Repair of Underwriters Laboratory (UL) approved explosion-proof submersible pump. Repair of Factory Mutual (FM) approved explosion-proof submersible pump.


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7.1. The repair of Underwriters Laboratory (UL) explosion-proof submersible pumps shall be performed in a UL approved shop by skilled submersible pump mechanics that are familiar with repair practices typical to explosion-proof submersible pumps.

7.2. The r e p a i r of Factory Mu t u a l ( FM) e x p l o s i o n -proof submers ib le pumps s h a l l b e performed in a

“Factory” approved shop by skilled pump mechanics that are familiar with repair practices typical to explosion-proof submersible pumps.

7.3. Only OEM parts are allowed in the repair of UL and/or FM explosion-proof units, except for bearings and

seals when approved by CTR. NO OTHER EXCEPTION. 7.4. Only shafts and seals can be reworked for a repair of UL and/or FM explosion-proof units. 7.5. Any casted component of the explosion-proof submersible pump unit that is damaged shall be replaced. 7.6. The repaired “UL” unit shall be certified by an UL inspector. 7.7. The shop shall provide the City with a copy of the “UL” re-certification document. The certificate shall bear

the UL file number. 8.0 ACCEPTANCE OF REPAIR 8.1. After parts have been repaired and/or replaced, the Contractor shall balance the impeller. The Contractor

shall reassemble then test, seal, and paint, the pump according to the manufactures specifications. 8.2. The UDR and/or CTR shall thoroughly inspect the repaired unit before the performance test can begin. It is

the Contractor’s responsibility to ensure communication has been established with the UDR and/or CTR for witnessing the performance test.

8.3. All control sensing devices shall be checked to ensure manufacturers’ and/or OEM specifications have been

met. The control sensing devices shall include (but is not limited to, thermal sensors, moisture sensors and thermistors.

8.4. Insulation resistance test shall be completed before conducting high-potential test using a 500 Volts Mega

ohm meter. 8.5. Perform high-potential test of windings (new or reconditioned) as stated in EASA AR100-2010, Item 4.4 High-

Potential Tests. 8.6. No load test run of the submersible pump shall be performed at its highest rated voltage and frequency.

Contractor shall perform full load test at their location with City of Houston personnel--UDR and/or CTR present.

8.7. The submersible pump unit shall be securely mounted, to a leveled metal base-plate or set on standard

rubber isolation pads while vibration readings are taken. 8.8. Vibration level measurements shall be taken on the completed assembled unit at the bearing housings

(horizontal, axial and vertical positions) adjacent to the shaft. The vibration level limits set in this specification shall not be exceeded.

8.9. The twelve (12) month warranty begins upon the completion of each installation at the City of Houston’s

facility.


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8.10. If deficiencies are detected, the repair work shall be rejected and the Contractor shall make the necessary repairs, adjustments, or replacements.

8.11. After corrective actions are completed, the unit shall go through a new test run before the submersible pump is accepted. 8.12. A typed copy of the Repair Data Sheets covering results of specific tests shall be included with the shipment of all repaired submersible pumps, per the UDR and/or CTR’s request. 8.13. The City shall not make any payment to the Contractor until all corrective actions are completed, testing is performed and the repaired equipment is accepted. 8.14. The Contractor shall torque bolts from motor housing to volute and this value is to be recorded on the Field Acceptance Tests Form (Exhibit B-4). 8.15. REJECTION: In the event the City rejects any repaired or replaced unit, due to its failure, the Contractor

shall have ten (10) business days after receipt of notice of such rejection to repair or replace the item with such replacement which conforms to the requirements of this Agreement, at no additional cost to the City.

8.16. The Contractor shall provide the repair record and report showing:

The condition of the unit when it was disassembled and inspected (D&I). The vibration reading, photos, and the final test results. details of the repair work performed

9.0 REPLACEMENTS 9.1. The Contractor shall inspect, repair, and/or troubleshoot assemblies and subassemblies of the submersible

pump in lieu of replacement unless the overall score of the Pump Replacement Standard Operating Procedure (SOP) Matrix exceeds fifty percent (50%). Generally, the 50% rule applies, but the City reserves the right to purchase or repair units based on the submersible pump economic evaluation and various operational considerations.

In the event the submersible pump cannot be repaired, the Contractor with the CTR’s prior written approval, may purchase OEM reconditioned, remanufactured or new submersible pump

from the manufacturer(s). The CTR must approve, in writing, the purchase of a new unit in lieu of repair.

Where a reconditioned or remanufactured unit is being recommended, the Contractor

shall submit specifications and documentation on the proposed substitution for the CTR’s approval prior to commencement of the services.

All reconditioned, remanufactured or replacement submersible pumps shall meet the required

specifications in fit, form and function as OEM submersible pumps.

9.2. The Contractor shall obtain three (3) quotes for items estimated to cost more than $50,000.00, when applicable.

9.3. The City has the option of accepting the lowest and best quote. The City reserves the right to solicit quotes

for replacement items. 9.4. If the equipment is a sole source item, vendor shall obtain a “signed” and dated letter from the

manufacturer stating so. This letter must list the sole distributor for the Houston Metropolitan area, if applicable, and must be valid for at least thirty (30) days.


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9.5. Replacement unit shall be identical to the unit being replaced. If the identical unit is no longer offered by the

manufacturer, the replacement unit shall have the same pump performance characteristics as the one being replaced.

The replacement unit shall be of the “Highest Efficiency” submersible pump available and must

meet the minimum specification requirements and be equal or better in material, craftsmanship, and performance as the one being replaced.

The replacement unit provided must be able to fit the facilities existing pump mounting and railing

system without any required modification to the facility. The City reserves the right to request a specific pump that may require facility modification.

10.0 SPECIFIC TASKS WITHIN SCOPE OF WORK 10.1. Upon receiving of the small submersible pumps, the Contractor shall document all information about the

condition of the unit and parts to include digital photographs of unit and components on the Teardown Report (Exhibit B1).

10.2. The Contractor shall inspect the unit and its shaft for corrosion, erosion, chipping, scoring, and other

damages and shall record this observation on the Teardown Report. 10.3. Contractor shall inspect each bolt for damaged threads. 10.4. Before disassembly, nameplate data shall be confirmed by the Contractor. All missing or damaged parts

shall be identified in writing, recorded, and special items shall be noted on the teardown report. 10.5. Contractor shall ensure the Equipment Inventory (EI) tag and nameplates remain attached to the equipment.

Contractor shall notify the UDR if the EI tag is damaged or missing.

Any equipment removed from City property shall be documented on the Equipment Authorization Release Form (Exhibit B-5). The department requesting services shall provide the form. The UDR shall adjust the form to reflect the Contract, Ordinance, and Service Release Order (SRO) numbers pertaining to this contract.

All illegible or defective nameplates shall be replaced on completion of repair. All original nameplate

information, except where changed, shall be stamped on new nameplate. New nameplates shall be permanently attached with mechanical fasteners. The cost of a new nameplate shall be included as a part of the base cost of any repair.

The Contractor shall install a stainless-steel identification tag stamped with the Contractor’s name,

job number, and repair date on each submersible pump. The tag must be secured with stainless drive pins. The cost of the identification tag shall be included as a part of the base cost of the repair, or replacement of the unit.

10.6. The City reserves the rights to pick up any and all parts that are quoted by the Contractor that will be replaced. This includes, but is not limited to: seals, bearing and other items of a submersible pump unit. 10.7. If requested by the CTR, Contractor shall furnish parts needed for maintenance activities of submersible

pumps by City personnel.

If requested by the CTR, Contractor shall machine parts needed for maintenance activities for submersible pumps;


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Contractor shall charge the same price and markup or discount for these parts as outlined in the Fee Schedule, and in accordance with pricing requirements of this specification.

10.8. Wherever torque values are known, the Contractor shall use a torque wrench and adhere to the OEM torque values. 10.9. All metal parts shall be checked for structural integrity and cracks, and shall be repaired or replaced to meet

required codes as well as industry and performance standards, as referenced in this specification. 10.10. Terminal boxes and auxiliary equipment enclosures shall be made to meet OEM’s specifications. 10.11. Delivery tickets and packing slips will contain quantity, part number, description of commodity delivered, name of department or section, facility name to which the merchandise originated from, Contract and SRO

numbers, signature of UDR, signature of receiving employee, printed names, employee number, date received and the authorization release number.

10.12. The Contractor shall be responsible for storage of the submersible pumps and all associated parts. Any parts lost or damaged while in the possession of the Contractor shall be replaced or repaired at the

Contractor’s expense. 10.13. In the event the UDR chooses to transport the small submersible pump to and/or from the Contractor’s facility, no transporting fee shall be assessed to the City. If the Contractor transports the pump, then the

Contractor shall furnish hoist, crane, and other services and equipment associated with loading and/or unloading the unit.

Should the City’s facility have an existing crane, then the Contractor may utilize the crane on-site with City approval. The Contractor shall not hold the City liable for any damages and shall indemnify the City from any loss associated with use of City equipment. The Contractor shall be responsible for all damage caused to City equipment and/or caused by the Contractor.

10.14. At all times during the repair or replacement process, Contractor shall maintain City's equipment in a clean and weather protected storage area. 10.15. The Contractor shall disassemble submersible pump units and clean all internal parts. Unless otherwise specified this shall be included within base cost of Recondition or Rewind.

The Contractor shall be responsible for the cleanliness and debris removal of the site once the work has been completed.

10.16. Paint booth shall not be used for sandblasting. 10.17. The Contractor shall perform electrical tests on the equipment, (when applicable), with values recorded in the Teardown Report (Exhibit B-1). These include but are not limited to:

insulation resistance (Megger) to ground of windings and accessories, in meg-ohms. Surge-comparison of winding Growler Test

In the event that insulation resistance of the windings is below the recommended minimum value, the motor shall be disassembled, and the windings shall be cleaned and dried before surge- comparison testing.

10.18. The Contractor shall measure insulation resistance to ground of windings and accessories with a 500

Volt megger meter (EASA AR100-2010 4.2.1).


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10.19. New belts shall be installed and torqued according to manufacturer’s specifications, when applicable. 10.20. The Contractor shall inspect all components of the submersible pump units and all critical areas to determine if clearances are within OEM tolerances, and the parts meet manufacturer's specifications. If the

manufacturer's data is not available, the tolerances shall be verified with the relevant tables in industry standards to assure its conformance.

10.21. The Contractor shall inspect the shaft extensions and keyseats (keyways). Shaft extensions must be

smooth, polished, and concentric with shaft center. Shaft extension dimension shall conform to manufacturer’s specification within OEM tolerances. If the manufacturer's data is not available, the tolerances shall be verified with the relevant tables in industry standards to assure compliance.

10.22. The Contractor shall inspect the rotor shaft for “roundness/runout” and determine if it is within OEM tolerance. 10.23. Assembled submersible pump units shall be tested for vibration and measurements shall be recorded on the final test sheet:

The vibration level shall not exceed 0.1 inches per second unfiltered. For single vane impeller, the vibration level shall not exceed 0.2 inches per second unfiltered. The vibration levels shall be specified by the OEM. If needed, the City will assist the Contractor to

obtain the OEM data from the manufacture(s).

10.24. The Contractor shall inspect the pump casing, impeller, shaft sleeve, and wear rings for corrosion, erosion, chipping, scoring, and other damages and shall record this observation on the Teardown Report. 10.25. Repair shall include sandblasting, welding and machining as required. Other services required of the

Contractor shall include Non-Destructive Testing (NDT), chroming and metalizing if and when required. 10.26. All submersible pumps with peeling paint or rust shall be sandblasted. The cost of sandblasting shall be included as a part of the base cost of any recondition-repair or rewind-repair. 10.27. The core iron, if needed, may be grit blasted with glass beads, walnut shells, corncobs, or similar

materials. It shall not be blasted with silica, garnet, or other grits, which may cause shorts between laminations (EASA Tech Note 16).

10.28. The Contractor shall determine what parts are to be machined or replaced with new parts. As a minimum the Contractor shall replace all bearings and seals. 10.29. The UDR and/or CTR must inspect the torn-downed unit, review the Contractor’s proposed work scope, and cost estimate. When requested in writing by UDR and/or CTR, the Contractor shall wait on the teardown

until City personnel are present. 10.30. If the unit is not repaired or replaced, then the unit shall be deemed “Non-Repairable” and returned to the City. The Contractor shall invoice as outlined in the Fee Schedule. This cost shall include, but not limited to, digital photos, teardown and/or the D&I.

Non-repairable pumps and components need not be reassembled, but should be labeled and grouped per job number and placed on a skid or in a container.

10.31. Replacement bearings shall have an L10 rating life in accordance with ANSI/AFBMA equal to or longer that OEM bearing.


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10.32. The Contractor shall notify the UDR immediately if the Contractor cannot complete the service request within the contractually agreed time period per item. The Contractor shall submit to the UDR a detailed explanation for the delay with documentation including the new expected completion date. If additional work is required, the Contractor shall submit explanation and gain written approval from the UDR and CTR before commencing the additional work. 10.33. The paint color shall be as the OEM standard for such units unless specifically requested otherwise, in writing by the UDR and/or CTR. 10.34. The Contractor shall chemically and mechanically clean all external surfaces, as required. 10.35. The Contractor shall return the repaired unit to a City facility and:

Set the submersible pump on foundation Check the leveling of the submersible pump and coupling Precision align the drive with the submersible pump and the coupling Reconnect lube piping when applicable Ensure that all shutdown systems/protections are operational before start-up.

10.36. Upon written acceptance of cost estimate by the UDR, the Contractor shall proceed with the repair.

The Contractor shall commence the work on the unit and complete the repair within the allocated time on the approved Recommended Repair Estimate Form (Exhibit B-5). The Contractor shall inform the UDR and/or CTR for any delays to the allocated time from the Recommended Repair Estimate.

10.37. Upon completion of any repair and/or Additional Services the Contractor shall provide completed Teardown Report (Exhibit B-1), which includes the work performed on the unit, the test results, and the data

sheets.

11.0 ADDITIONAL SERVICES

11.1. Additional Services are required services within the general scope of work to ensure each pump and/or pumping station meets and/or exceeds the minimal pumping capacity requirements. The Contractor shall perform these services when requested by the UDR and approved by the CTR.

Additional services shall include but are not limited to services that might be required to facilitate

the operation of these submersible pumps. Some examples would include concrete repair work, pump pads, control panels, drive shafts, and couplings; however, this is not an exhaustive list.

11.2. Prior to commencement of any Additional Services, the Contractor shall submit a written proposal for

approval by the CTR describing the work to be done and include a “Not to exceed estimate of the cost.” The proposal shall include as a minimum a list of repairs, sub-contractor(s), schematics(s), design plans, and a schedule of the repairs. Additional work shall not be performed without written approval from the CTR.

11.3. The Contractor shall perform Additional Services using the unit rates and any applicable markup/discount in Fees and Costs Schedule of the contract as specified for the type of service provided.

If the Fees and Costs Schedule does not cover the work needed, the Contractor shall submit

detailed cost estimate including related supporting documentation (original price listing and quotes) from sub-contractor(s) and supplier(s), showing description of parts or components to be repaired or replaced, parts numbers, equipment rental costs, labor hours and rate, and any other service included for review and approval by the CTR/UDR.


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12.0 REPAIR SHOP AND TECHNICIANS REQUIREMENTS

12.1. The repair technicians of the Contractor and subcontractors shall be qualified, properly trained in repairing, reconditioning and rewinding of submersible pumps motors in this contract.

12.2. The Contractor shall have at least one senior repair technician with a minimum of five (5) years of experience in repair, reconditioning, and rewinding of submersible pump motors. 12.3. Proof of qualifications, licenses and certifications shall be required at the time of contract award and upon

request thereafter. Contractor shall provide a resume for any new or old employees (Submersible pump Technicians) to the UDR and/or CTR, who will be working on submersible pumps throughout the duration of this contract.

12.4. Steam clean area shall be so designed with all the run-offs captured into an approved oil/grease recovery

system at the Contractor’s facility. 12.5. The Contractor shall be responsible for storage of the submersible pump units and all parts. Any parts lost or damaged while in the possession of the Contractor shall be repaired or replaced at the Contractor’s

expense. 12.6. The Contractor facility shall be subject to inspection with a forty-eight (48) hour advance notice to verify

that the equipment and personnel deemed necessary to perform the type of repair services required under this contract are in place at the time of inspection.

12.7. The Contractor shall have a minimal of 5 years’ experience as a submersible pump contractor, who has

repaired similar make and size submersible pumps as listed in this specification. The workflow shall be detailed during the City of Houston’s site inspection to demonstrate core competency of submersible pump repairs.

13.0 LABOR RATES 13.1. The labor rate shall include all costs for a qualified person to work on, repair and/or replace the submersible

pumps, including wages, all company benefits, and company profits. Materials of any value, tool, instruments, testing equipment and transportation required for carrying out the services herein, shall be deemed included in the itemized rates of the Fee Schedule.

13.2. The City shall be billed only for the hours the contractor works on City equipment whether at City facility or at Contractor’s facility. No itemized travel time is allowed or reimbursable. 13.3. When hourly work is performed on behalf of the City, the Contractor (and sub-Contractor) shall fully

document the start of the work, the time spent on the job, and completion of each job.

The repair shop must also be able to verify all hours charged for machine work. This will apply to work completed by the Contractor.

The hourly work documentation shall be punch card/time-card, shop record or any other mutually agreed method, see Timesheet Report Form (Exhibit B-10). The original time card or other agreed documentation must be submitted with the final invoice.

The City reserves the right to review all payments made to the Contractor by auditing any and all documents associated with this contract over the contract period and two (2) years after expiration of the contract. Subject to such audit, any overpayments shall be recovered from the Contractor.


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INVOICING, FEES AND COSTS 14.0 INVOICING 14.1. No later than 30 days after the City accepts and receives the pump, the Contractor shall submit invoices

with supporting documentation for payment in triplicate (one original and two copies) that are on Contractor's company stationary with the original signed by an authorized agent of the company. ALL SUPPORTING DOCUMENTS MUST BE ORIGINAL. The invoice number shall not be duplicated during the term of the contract. Each invoice shall include the following information:

The City Contractor Number, City Ordinance Number, City Release Number, and Contractor's Job Number.

The Contractor's Job Number and Contract year shall appear clearly on all time sheets (showing hours worked, break, and lunchtime), invoices, and suppliers' invoices.

The Contractor's name and address and where the service was performed. The City equipment EI Number, and City Work Order Number. The City Facility Number and address where equipment had been prior to service. Detailed description of services rendered. Description of parts or components repaired or replaced. Provide part numbers, listing before and

after discount. If parts are OEM or Non-OEM reconditioned, the costs to recondition parts must be listed as well as the cost of new OEM or Non-OEM replacement parts.

The subcontractor's invoices with detail description of work performed, including invoices for OEM parts purchased along with related O&M manuals, invoices for equipment rentals, time sheets [showing hours worked, break(s) and lunch time], and signed field tickets by a City employee.

Detail Labor hours and rates as stated in the contract Exhibit “C” (Fees and Costs). The City delivery and pickup tickets, which will include the following: City Facility Name Work Order Number Contractor’s Job # Equipment Release # City Employee Name / Employee Number / Signature with Date UL re-certification for explosion-proof units (when applicable) Sub-Total costs for parts, labor, additional services, condition assessment, and replacement costs

shall be included on final cost approval sheet and included with supporting documentation. All supporting documentation including, but not limited to, Shop Acceptance form, Teardown and Recommended Repair form, UL Certification form (when applicable), Equipment Release Authorization Form, Recommended Repair Estimate Form, Fits and Indicated Runout Form (when applicable) and Final Acceptance Tests Form, Balancing Form. Total invoice costs of the job.

All unit prices for labor and parts shall be easily identified utilizing the line item number and the quoted contract pricing within the Fee Schedule.

The charts for bake and burn and all documentation of the records of every preheating and dipping of insulation varnish shall be submitted when requested.

All Subcontractors/parts invoices must be recent and current. All Contractor/Subcontractors field tickets shall be signed by City employee. The Contractor shall submit the complete Invoice Check List (Exhibit B-9) with each invoice along with all required documentation.

Mail invoices to Accounts Payable: Department of Public Works & Engineering Accounts Payables – Service Contracts P.O. Box 61449 Houston, TX 77208-1489 [email protected]


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15.0 FEES AND COSTS

15.1. All rates and/or prices for any service, parts, and or material, and work performed by Contractor shall be

clearly defined within the Fees and Costs Schedule. 15.2. All prices for parts and any markup or discount shall be based upon OEM Manufacturer’s latest Price List

for distributorships or cost-plus markup for non-OEM parts for non-OEM distributorships. This is applicable to the parts section of the Bid Forms and subsequently will be incorporated into the Contract Fees and Costs Schedule.

15.3. The cost of an approved replacement and/or equivalent submersible pump supplied for this contract shall be

the total original invoiced cost to the Contractor plus percentage (%) markup or percent (%) discount for the item specified in the Fees and Costs Schedule.

15.4. All markups/discounts shall be based on contractor’s actual cost or sub-contractor’s actual original

invoiced documents. The Contractor shall submit these original invoices, as attachments, with the final invoice for payment by the city for the work performed by the contractor.

15.5. The Contractor may have discounts applied to the final invoice if they do not meet the required times. The

total deductions shall not exceed fifteen percent (15%) of the final invoice amount. 15.6. If the D&I /Teardown Repair Report and Recommended Repair Estimate have not been completed and

submitted within ten (10) business days of receiving the submersible pump, then a five-percent (5%) discount may be applied to the final invoice amount each (business) day the submersible pump has not been disassembled and inspected, and submitted to the City’s Representative. The deduction shall not exceed fifteen percent (15%) of the final invoice amount.

If parts and/or replacement submersible pump has NOT been ordered within five (5) business days of the approval of the cost estimate or the replacement purchase, a five-percent (5%) discount may be applied to the final invoice amount each (business) day the part was not ordered unless written proof (reason for delay) is provided by the Contractor via submersible pump distributor and/or manufacturer. The deduction shall not exceed fifteen percent (15%) of the final invoice amount.

If Contractor orders the incorrect part(s) and/or incorrect replacement unit that may cause a delay

in delivery of completely assembled unit, then a fifteen percent (15%) deduction of the final invoiced amount may be assessed as liquidated damages.

15.7. Freight: “Special Order” repair parts and/or repair parts ordered from another state or country is the responsibility of the City. The Contractor shall provide invoice(s) detailing freight costs with no markup. Freight for all other standard shipment of parts, are the responsibility of the Contractor.

15.8. The Contractor’s supporting documentation must be original and must clearly show actual cost

invoiced/paid by the Contractor, and must be submitted with his/her final invoice, for payment by the City, for the work performed by the contractor.

15.9. In the case of dual horsepower units, charges shall be based only on the higher horsepower

rating, never on both.

All inspection, cleaning, balancing, disassembly, reassembly, winding, dipping, baking, sand-blasting, painting, cost of nameplates attached to each pump, cost of each name tag, vibration, electrical and other associated testing and document preparation shall be included as part of the base recondition or rewind cost.


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The Contractor SHALL NOT combine the base charges for work performed on one pump for recondition or rewind.

The cost of inspection, recommendations, and preparation of work scope shall be a part of the base

cost of any recondition -repair per or rewind repair.

The REWIND-REPAIR cost in the Fees and Costs Schedule does not include the cost of bearings, seals, impellers, wear-rings, heaters, broken and damaged parts. The cost of bearings, seals, impellers, wear-rings, heaters, broken and damaged parts are reimbursable.

16.0 STANDARD RESPONSE TIME

16.1. Contractor shall be accessible to the City via telephone during normal business hours. The Contractor shall

be ready to start work on any unit within twenty-four (24) hours of receiving the call for the service. 16.2. The Contractor shall be available and accessible to the City via telephone to work overtime and/or emergency

per the request of the UDR and/or CTR within six (6) hours of initial contact from UDR and/or CTR. 16.3. The Contractor shall start an emergency job immediately, without scheduling delays, and will not be restricted

to normal working hours. The UDR and/or CTR shall coordinate the emergency and must approve overtime work.

17.0 SAFETY 17.1. The Contractor and subcontractors shall follow all standard safety practices and demonstrate compliance at

all times while performing duties under this contract. 17.2. The Contractor must take all necessary precautions to protect persons or property against injury or damage

and be responsible for any such damage or injury that occurs because of Contractor’s fault or negligence. 17.3. The Contractor shall comply with all applicable requirements of the Occupational Safety and Health Act

(OSHA). 17.4. Contractor shall be solely responsible for initiating, maintain and supervising all safety precautions and

programs in connection with the work performed on this contract. 17.5. At a City location, all machinery and equipment, which are undergoing maintenance and repair, shall be

locked- out/tagged-out (LOTO) of all energy sources to protect against accidental or inadvertent operation/release, when such operation or release could cause injury to personnel or damage to equipment. Only authorized City of Houston personnel whom may include, but not limited to qualified electricians, mechanics, and operators shall carry out LOTO.

17.6. DISINFECTION OF PUMPS (DRINKING WATER OPERATIONS) FOR POTABLE WATER SERVICE:

PRIOR TO PACKAGING AND PREPARATION FOR RETURN TO THE CITY, ALL REPAIRED OR REPLACED PUMPING EQUIPMENT OR RELATED PARTS SUPPLIED OR OTHERWISE HANDLED OR MANIPULATED UNDER THIS CONTRACT - THE SURFACES OF WHICH (INTERIOR AND EXTERIOR) WHICH WILL BE IN DIRECT CONTACT WITH POTABLE WATER UPON RETURN TO THE CITY - SHALL BE CLEANED, SWABBED WITH A 1% HYPOCHLORITE SOLUTION (CONTACT TIME 10-30 MINUTES), AND THEN THOROUGHLY RINSED WITH POTABLE WATER AFTER COMPLETION OF CONTRACT REPAIRS AND/OR HYDRAULIC OR HYDROSTATIC TESTING. A SEPARATE CERTIFICATE OF DISINFECTION COMPLETION, SIGNED BY THE RESPONSIBLE CONTRACTING AUTHORITY, SHALL ACCOMPANY ALL AFFECTED PARTS AND/OR EQUIPMENT. UPON COMPLETION OF THE DISINFECTION PROCESS, DRINKING WATER PUMPS ARE TO BE ISOLATED FROM WASTEWATR PUMPS AND OTHER PUMPS, WHERE APPLICABLE.


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18.0 SILENCE OF SPECIFICATIONS 18.1. The apparent silence of these specifications as to any detail, or apparent omission of a detailed description

concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of these specifications shall be based on this statement.

19.0 ESTIMATED QUANTITIES NOT GUARANTEED 19.1. The estimated quantities specified herein are not a guarantee of actual quantities, as the City does not

guarantee any particular quantity of submersible pump repair services during the term of this contract. The quantities may vary depending upon the actual needs of the user department. The quantities specified herein are good faith estimates of usage during the term of this contract. Therefore, the City shall not be liable for any contractual agreements/obligations until the Contractor enters an agreement with the City for the purchasing and/or requirements of all specified quantities.

20.0 ADDITIONS & DELETIONS

20.1. The City, by written notice from the City Purchasing Agent to the Contractor, at any time during the term of this contract, may add or delete like or similar equipment, supplies, locations and/or services to the list of equipment, supplies, locations, and/or services to be provided. Any such written notice shall take effect on the date stated in the notice from the City. Similar equipment, supplies, services, or locations added to the contract shall be in accordance with the contract specification/scope of services, and the charges or rates for items added shall be the same as specified in the fee schedule. In the event that additional equipment, supplies, locations, and/or services are not identical to the item(s) already under contract, the charges therefore will be considered normal and customary charges and/or rates from the Contractor.

21.0 PRE-PERFORMANCE CONFERENCE 21.1. Prior to commencing performance under the Agreement, Contractor shall attend a pre- performance

conference with the representatives of each City Department who will specify the time and place of such meeting in a written notice to Contractor. Representatives of Contractor attending the pre-performance conference must include the Contractor’s Supervisors and its Sub-Contractors. Items to be addressed at the pre-performance conference include, but are not limited to:

Work schedules Channels of communication Logistical management of Contractor furnished supplies and equipment Other Work/Services Implementation of additional procedures to ensure performance is in accordance with the terms

and conditions of this Agreement. 22.0 WARRANTIES 22.1. The Contractor shall observe the highest standards of diligence and care in the performance of repair

services and shall meticulously follow the standards and procedures required by the equipment manufacturer. 22.2. The Contractor further warrants that all service and replacement parts it provides shall be in strict compliance with all applicable regulations.


31

22.3. The Contractor shall fully warrant its installation, replacement, repair, and maintenance of all parts and equipment from the date of acceptance by the City of Houston for a twelve (12) month period. See attached Certificate of Warranty (Exhibit B-11).

22.4. During the warranty period, all related work shall start by Contractor within twenty-four (24) hours of delivery

and be repaired within the previously stated timeframe. 22.5. During the warranty period, all failed units shall be re-repaired or replaced at the Contractor’s expense if the

failure occurs under normal operating conditions and due to faulty parts or workmanship. Definitions: “Acceptance” as used in this clause, means the act of a City authorized representative

approving specific services, as partial or complete performance of the contract. “Correction” as used in this clause, means the elimination of a defect.

Notwithstanding inspection and acceptance by the City or any provision concerning the conclusiveness thereof, the Contractor warrants that all products and services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract.

The City shall give written notice of any defect or nonconformance to the Contractor within the

warranty period from the date of acceptance by the City. This notice shall state whether the City requires correction or re-performance.

If the Contractor is required to correct or re-perform, it shall be at no cost to the City, and any

services corrected or re-performed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or re-perform, the City may correct or replace with similar services and charge to the Contractor the cost incurred by to the City or make an equitable adjustment in the contract price.

If the unit undergoing warranty work is out of service more than fifteen (15) additional days in the

warranty period, then warranty period will be extended to the exact amount of days the submersible pump was out of service for warranty.

23.0 REPORTING AND DOCUMENTATION 23.1. Any equipment removed from City property shall be documented on an “Equipment Release

Authorization Form” (Exhibit B-5). The CTR or UDR may also use a log in conjunction with the Equipment Release Authorization form.

23.2. The Contractor shall meet monthly or as required with the UDR and/or CTR to discuss the most recent status

of each submersible pump, work in progress, future work and related contract issues: 23.3. If the Contractor is unable to meet with the UDR and/or CTR, at the periods agreed between the parties,

then a written notification shall be provided to the UDR. Refer to the Progress and Status Report (Exhibit B-8).

23.4. The Contractor shall update the work history spreadsheet to reflect changes in activities by the Contractor

and to ensure availability of funds to perform the services herein. 23.5. The Contractor shall establish and maintain records of the repair and services performed for at least two

(2) years after this contract expires and at least three (3) years after the date of the last submersible pump repaired.


32

23.6. The Contractor shall take digital photographs of each unit upon receiving of the unit from the City. In addition, the Contractor shall take digital photographs of all major components within the unit during the tear down that will be included in each Teardown Report (Exhibit B-1). All photos shall be available to the City upon request.


EXHIBIT "A" SOLICITATION NO.: S74-L26558

33

EXHIBIT “A”

DEFINITIONS

1. As used in this Agreement, the following terms have the meanings set out below:

2. “Additional Services” shall mean other services to repair submersible pump or systems associated with the submersible pump, in connection with and supplemental to this agreement, not otherwise expressly provided for in this specification, to bring the equipment to the working conditions agreeable to the CTR and/or COR. Additional Services does not include tasks that are incidental and/or obligatory to the performance of the services under this Agreement. Contractor will not receive additional compensation or payments for incidental or obligatory tasks herein.

3. Agreement” means this contract between the Parties, including all exhibits, change orders, and any written amendments authorized by City Council and Contractor.

4. “City of Houston Normal Business Hours” shall mean 7:00 a.m. to 5:00 p.m., Monday to Friday, except on days which are considered City holidays.

5. “Condition Assessment (CA)” shall mean a program whose mission is to determine and assess the actual condition of the equipment at a given point of time by surveys and investigations and take appropriate action to maintain the equipment in a safe and operating condition.

6. "Contractor" is defined in the preamble of this Agreement and includes its successors and assigns.

7. “Contracting Officer’s Representative” (COR): Has the authority to start and request termination of the contract. Provides guidance to the CTR whom manages the submersible pump contract.

8. “Contract Administrator” means the representative of the Department who is responsible for the administration of this contract.

9. “Contract Award Notice” means the official notification substantiated by the Notice to Proceed issued by the City Purchasing Agent to the Contractor.

10. “Contract Technical Representative” (CTR) shall mean the representative of the Director of the appropriate department assigned to verify services invoiced, approve invoices for payment, maintain a record of available funds, comply with the terms of the contract, and review the contract at the time of renewal.

11. “Contractor’s Facility” shall mean place of business of the Contractor where the Contractor performs repairs of equipment and machinery for other entities, specifically where the Contractor plans to repair City of Houston submersible pumps of the model and size described in these specifications. The facility shall be equipped with the needed overhead/jib crane(s), lathe(s), drill(s), impeller balancing, pressure washing machine, vibration probes, balancing machine, paint booth, hydraulic press, and testing equipment to do the necessary repair or overhaul work for the submersible pump in the designated group. The facility shall be clean, free from dirt and dust, to prevent contamination and damage during assembly of the submersible pumps and installation of bearings, gears, seals, valves, pipes and impellers, and any other related appurtenances.

12. “Contractor’s Standard Business Hours” shall mean the daily eight (8) hour period Monday through Friday, which the Contractor has established as their normal business day.

EXHIBIT "A" (CONTINUE) SOLICITATION NO.: S74-L26558

34

13. “Council Motion or Ordinance” shall mean the Official Document passed by the Governing Body designating award(s) and directing the City Purchasing Agent to issue Notice(s) to Proceed.

14. "Countersignature Date" means the date this agreement is countersigned by the City Controller.

15. “Director" means the Director of the Public Works and Engineering Department, or the person he or she designates.

16. “Effective Date” is defined as the date the contract is countersigned by the City Controller.

17. “Established Contractor/Supplier” is defined as any bidder who engages in any practice or trade, or method of dealing regularly in a place, vocation or trade as to justify an expectation that the bidder can be expected to perform in a satisfactory manner with respect to this contract.

18. “Emergency Labor Rate “(ELR) shall mean the Contractor’s charge for labor for unscheduled, immediate, and continuous repair work that shall be carried out until the repair of the unit is completed. CTR must authorize all emergency prior to the commencement of work.

19. “Equipment Inventory (EI) Number” shall mean the unique, cradle-to-grave number called Equipment Inventory (EI) Number used and designated by the Work Management System to identify each piece of equipment.

20. “(EI) Tag” Equipment Identification tag shall mean a metallic strip, embossed with the equipment inventory number (EI #), attached to each piece of equipment.

21. “Governing Body” means the Mayor and City Council of the City of Houston.

22. Lock-Out Tag-Out” (LOTO) is a safety procedure used in industry and research settings to ensure that dangerous machines are properly shut-off and not started up again prior to the completion of maintenance or servicing work.

23. “Non-Repairable Shop Cost” shall mean the cost amount that the Contractor can bill the City for the teardown, inspection, testing, and work scope/estimate preparation when the CTR determines that the submersible pump is not to be repaired or replaced

24. “Non-Destructive Testing” (NDT) shall mean inspection to detect cracks and discontinuities by Magnetic Particle Methods, Penetrate Methods or any other Methods as needed and shall be performed. The Certification shall be in accordance to the latest Recommended Practices of the American Society for Non-Destructive Testing.

25. “Non-OEM Parts” shall mean any After Market Part(s) that meets or exceeds Original Equipment Manufacturer’s standards

26. “Notice to Proceed” means a written communication from the City Purchasing Agent to Contractor instructing Contractor to begin performance.

27. “Other Repair Methods” shall mean any method of repair other than those prescribed in the specifications. These “other repair methods” must be authorized in writing by the equipment manufacturer and be approved by the Director and/or designee.

28. “Overtime Labor Rate” (OLR) shall mean the Contractor’s charge for labor for work performed after Contractor’s Standard Business Hours. CTR must authorize all overtime prior to the commencement of work.

29. “Parties” shall mean all the entities set out in the Preamble who are bound by this Agreement.

30. “Repair at City of Houston Facilities” (Field-Repair) shall mean that the Contractor shall inspect the submersible pump and its accessories at City location, repair, and/or replace parts to bring the unit to a fail-safe and working condition. The unit shall be put into operation, tested, and all status points recorded including but, not limited to, the vibration in axial, horizontal, vertical planes of the bearings of the drive and the submersible pump.

EXHIBIT "A" (CONTINUE) SOLICITATION NO.: S74-L26558

35

31. “Small Submersible Pumps Groups" shall mean the submersible pumps of a manufacturer or groups of manufacturer that are above 125 horse power. The small submersible pumps are grouped such as to represent the type, manufacturer and horsepower of the unit, as listed below.

Group I Group II Group III Flygt KSB Miscellaneous

32. “Special Order” This is a special order item and may be non-cancelable and non-returnable. Orders for goods not

stocked by the member and specially obtained for the customer may be subject to additional charges to cover extra costs incurred.

33. “Standard Labor Rate “(SLR) shall mean the Standard, No Specialized Labor Rate.

34. “Start of Contract Period” shall mean the date specified in the Notice to Proceed from the City Purchasing Agent.

35. “User Department Representative” (UDR) shall mean the representative of the Director of the Department assigned to administer the day-to-day activities of the Contract.

Pump Size (Horsepower) >Fractional hp and ≤ 2hp >2hp and ≤5hp >5hp and ≤15hp >15hp and ≤30hp >30hp and ≤50hp >50hp and ≤75hp >75hp and ≤100 >100hp and ≤125hp

EXHIBIT "B1" SOLICITATION NO.: S74-L26558

36

EXHIBIT “B1”

City of Houston

Public Works & Engineering Department Submersible Pump Repair Service

Contract Teardown and Recommended Repair Report

Sample Only, Actual Form is subject to change by CTR after award of the Contract

Contractor: Contractor Job Number:

City Contract #: City Release #: City Ordinance #:

Pump Location: City Facility Number: EI #:

Nameplate Information: Make: Volt: HP: RPM: Model: Amp: Hz: SF: Serial: Impeller Code:

Cable Information: Power Cable Size Length Condition Control Cable Size Length Condition

Bearings DE Size Condition Bearings ODE Size Condition Volute Wear Rings Slide Rail Bracket Discharge Face

Runouts: Shaft DE Shaft ODE Face of Rotor

Stator Megger Test: __550 MΩ @500V _____ Cable Megger Test: __550 MΩ @500V Surge Test: _________________________________________________________________________ Core Loss Test: ______________________________________________________________________ Recommendation: Recondition-Repair: _____________ Rewind-Repair: __________ Other Repairs Needed:

__________________________________________________________________ Parts Description:

______________________________________________________________________

EXHIBIT "B1" (CONTINUE) SOLICITATION NO.: S74-L26558

37

Prepared By: ___________________________ Job Title: ___________________Date:

____________

- Housing Physical Condition Good Fair Poor Salvage

- Impeller Physical Condition Good Fair Poor Salvage

- Stator Physical Condition Good Fair Poor Salvage

- Rotor/Shaft Physical Condition Good Fair Poor Salvage


38

City of Houston

Public Works & Engineering Department

Submersible Pump Repair Service

U. L. CERTIFICATION

FORM

Sample Only, Actual Form is subject to change by CTR after award of the Contract

NAME OF REPAIR SHOP:

FACILITY NAME JOB # EI #

OLD U.L. SERIAL # NEW SERIAL #

ORIGINAL CLASS ORIGINAL GROUP_

REBUILT CLASS REBUILT GROUP

DATE NEW SERIAL # ISSUED

WORK DONE

SUBMERSIBLE PUMP MFGR FRAME

SUBMERSIBLE PUMP SERIAL #

HP VOLTS AMPS CODE

INSULATING CLASS THERMOSTAT MOUNTING CODE

U.L. INSPECTOR NAME:

U.L. INSPECTOR EMPLOYEE #:


39

Shop Acceptance Tests Form

City of Houston Public Works & Engineering

Department Submersible Pump Repair Service

Contract Sample Only, Actual Form is subject to change by CTR after Award of the

Contract Contractor: Contractor Job #:

Contract #: Ordinance #: City Work Order #:

City Facility Name: City Facility #: EI #:


Visual Inspection:

Stator Megger Test: i.e. 550 MΩ @500V Acceptable Range:

Cable Megger Test i.e. 550 MΩ @500V Acceptable Range:

Hi-Potential Test:

Source Voltages V1 = V2 = V3 =

No-Load Currents I1 = I2 = I3 =

Vibration Axial = Radial = Vertical =

Acceptable Vibration Range

Torque of Motor/Volute Housing

1. 2. 3. 4. 5. 6.

Comments and Deficiencies:

Tests Performed By: Job Title: Date:

Witnessed By UDR: # Date:


40

Field Acceptance Tests Form




Contract Contractor: Contractor Job #:

Contract #: Ordinance #: City Work Order #:

City Facility Name: City Facility #: EI #:


Visual Inspection:

Stator Megger Test:

Cable Megger Test:

Source Voltages V1 = V2 = V3 =

Run Currents, Closed Valve I1 = I2 = I3 =

Currents, Open Valve, Start I1 = I2 = I3 =

Currents, Open Valve, after 24 hour

I1 = I2 = I3 =

Comments and Deficiencies:

Tests Performed By: Job Title: Date:

Witnessed By UDR: # Date:


41

Equipment Release Authorization Form




Contract RELEASE #: DATE: CITY WORK ORDER #:

CITY FACILITY NAME: CITY FACILITY #: EI #: CONTRACTOR: CONTRACTOR JOB #:

CONTRACTOR ADDRESS:

CONTRACT #: ORDINANCE #:

NAMEPLATE INFORMATION: MAKE: VOLT: HP: RPM: MODEL: AMP: HZ: SF: SERIAL: IMPELLER CODE:

REASON FOR THE PULLING OF THE SUBMERSIBLE PUMP:

NAME OF THE SHOP THE EQUIPMENT IS BEING TAKEN TO:

IS THERE A PICTURE OF THE SUBMERSIBLE ATTACHED? YES: NO:

CONTRACTOR REPRESENTATIVE CITY OF HOUSTON REPRESENTATIVE

NAME: NAME:

EMPLOYEE #: EMPLOYEE #:

SIGNATURE: SIGNATURE:

DATE: DATE:

COMMENTS:


42

Recommended Repair Estimate Form

City of Houston Public Works & Engineering Department Submersible Pump Repair Service


Contract Contract #: City Work Order #: Ordinance #: Contractor Job #: City Facility: Facility #: Submersible Pump: Manufacturer: Work Notification Date: Voltage: Current: HP: RPM: Field Inspection Date: Serial #: Equipment Pull Date:

EI#: Estimate Date:

UNIT PRICE ITEMS: Unit Exte Price Qty

Item 1 - Prepare for Removal – Each 1.00 Item 2 - Transport to Shop – Each 1.00 Item 3 - Return to City – Each 1.00

I. Sub-Total Unit Price Items

nded Price

COST PLUS ITEMS: Contract Exte Cost Mark Up

Item 14 - 1.** Item 15 1.** Item 15- Work by Sub-contractor (see Original invoices) 1.** Item 16 - NDT (see parts worksheet) 1.** Item 17 - Parts: (see parts Original Invoices) 1.** Item 18 - Rented Crane/Rigging 1.**

II. Sub-Total Cost Plus Items

nded Price

Additional Services (see worksheet):

Total Estimated Project Costs

Total Estimated Submersible Pump Repair Only

Replacement Cost of an Identical Unit

Repair Cost Expressed as % of Replacement Cost

Repair of Submersible Pump Approved by City of Houston: Signature/Date – Submersible Pump Repair Print Name


43

FITS AND INDICATED RUNOUT


Department Electric Motor Repair Service


Contract

(Horizontal & Vertical Motor)

EI #

Horizonal Ball Bearing Rotor

Fits and Indicated Runout

Job # 0

Machine Fits Machine Fits

Keyway

I I I I I I I I I I I I I I I I I I

I I I I I I I I I I

I I I I I I I I I I

I I I I I I

Indicated Run-Out Indicated Run-Out

Iron Length: Iron Diam.:

Make:

H.P.

Volts:

Slot Depth: Model: Amps. Cyc.

Back Iron: # Vent Holes Vent Hole Diam:

R.P.M. Frame: SN:

44


Progress and Status Report

Form City of Houston


Submersible Pump Repair Service Contract

Sample Only, Actual Form is subject to change by CTR after Award of the Contract

Release No.Work Order No.

Facility Name

Power, HP

ManufacturerSend to

Shop Date

D&I, Estimate Due Date

Received Estimate

Date

Approval Date

Cost

Repair/ Replacement

PromiseDate


46

Invoice Checklist Report Form




Contract

INVOICE CHECKLIST “Company Name” / (Small Submersible Pumps) / Contract # 460000XXXX

a) Facility Name:

Facility #

b) Date:

c) UDR Review Date:

Comments:

Instructions 1) Check mark "X" selected items listed below. 2) Sign and date at the bottom of form

Item Number

Contract Requirements Description

Contractor Review

UDR Review

1 City Contract Number, and Ordinance Number 2 Contractor Job Number 3 Contractor's name and address 4 Contractor's representative name, signature and date 5 City facility name, number and address where service was provided 6 Detailed description of services rendered 7 Equipment Identification Number 8 City Equipment Release Number 9 City Work Order Number 10 Subcontractor's invoices with description of work performed, hours and parts cost 11 Detailed labor hours and rates as stated in the "Fee Schedule" (when applicable) 12 City delivery and pickup tickets 13 UL Re-certification for explosion-proof units (when applicable) 14 Subtotal cost for parts and labor separately

15

Shop Test/Acceptance Form, Teardown and Recommended Repair form, Equipment Release authorization form, Recommended Repair Estimate Form & Final Repair Cost Form

16

All unit prices for labor and Parts are easily identified against the quoted contract Pricing

17 Invoice charged to correct job #

UDR signature Date


47

Timesheet Report Form City of Houston


Submersible Pump Repair Service Contract

Sample Only, Actual Form is subject to change by CTR after Award of the Contract

SERVICE DEPARTMENT City of Houston Time Sheet

CUSTOMER

City of Houston

CUSTOMER ORDER #

JOB LOCATION RELEASE # UDR MODEL - SERIAL #

WEEK BEGGINNING DESCRIPTION OF WORK HOURS WORKED PER PERSON

1/5/2010 EMPLOYEE NO. 1 2 3 4 5 6 SUNDAY 5-Jan

MONDAY 6-Jan

TUESDAY 7-Jan

WEDNESDAY 8-Jan

THURSDAY 9-Jan

FRIDAY 10‐Jan

Y E N

JOB COMPLETE? S O

SIGNATURE FOR FIELD SERVICE

OR SHOP MANAGER

SHOP PERSONNEL #

1 2 CUSTOMERS COMMENTS: 3

4 FIELD PERSONNEL 5 6


48

STANDARD DOCUMENT WARRANTY

Exhibit B-11

WARRANTY OF INSTALLATION, REPLACEMENT, REPAIR AND MAINTENANCE

BID NO: OUTLINE AGREEMENT NO: [No.

TO: [Contractor’s Company Name] Contractor and [Contractor’s Address] Address for Written Notice

1.01 DATE OF SUBSTANTIAL COMPLETION

The Work performed under the Contract was inspected on [Date inspected], and found to be substantially complete. The Date of Substantial Completion of the Work is hereby established as [Date of Substantial Completion]. This is the start date of Warranty.

1.02 WARRANTY PERIOD

The contractor fully warrants its installation, replacement, repair and maintenance of all parts and equipment from the date of acceptance by the City of Houston and the Contractor, which includes installation, testing of parts and equipment for a twelve (12) month period.

1.07 CONTRACTOR’S ACKNOWLEDGEMENT

Signature of Contractor, or its agent, acknowledges Warranty Work and the terms of Warranty Period referenced under Warranties, Paragraph B.12.03.

Contractor Signature Date

CTR, Wastewater Signature Date

CTR, Drinking Water Signature Date

UDR, Wastewater Signature Date

UDR, Drinking Water Signature Date

EXHIBIT “B12” GUIDE SPECIFICATION SECTION 11311

SOLICITATION NO.: S74-L26558

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Exhibit 12

SUBMERSIBLE WASTEWATER PUMPS Section 11311

Guide Specification Section 11311, Submersible Wastewater Pumps SUBMERSIBAL WASTEWATER PUMPS

PART 1 - G E N E R A L

1.01 SECTION INCLUDES

A. Submersible sewage pump complete and operational for Dry-Pit installation or Wet-Pit installation with all required pump and motor protection as specified.

B. Accessories as needed: 1. Guide Rails and supports for Wet-Pit installations, 2. Electric cable Supports for Wet-Pit installations, 3. Discharge Base Elbow for Wet Pit installation with anchor bolts, 4. Discharge Base Elbow and pump support for Dry-Pit installation with anchor bolts, 5. Access Frame and Covers 6. Ventilation of Dry-Pit installation 7. Ventilation of Wet-Pit installations 8. Pump Removal accessories for Wet-Pit installations.

C. Coordination: 1. Review installation procedures under other Sections and coordinate with the Work related to this Section. 2. Coordinate pumps and motors with electrical work as specified in Division 16, Electrical.

D. ANY DEVIATION FROM THESE MINIMUM REQUIREMENTS SHALL BE CLEARLY STATED IN THE SUBMITTALS FROM THE PUMP MANUFACTURER, EVEN IF THE PUMP MANUFACTURER BELIEVES THE PUMP OFFERED MEETS THESE MINIMUM SPECIFICATIONS OR IS SUPERIOR TO THESE REQUIREMENTS. OMISSION BY THE PUMP MANUFACTURER TO PROVIDE DETAILED DEVIATION STATEMENT SHALL BE THE GROUND FOR DISQUALIFICATION.

1.02 MEASUREMENT AND PAYMENT

A. Unit Prices 1. No separate payment will be made for work performed under this section. Include cost of such work in contract

unit prices for work of which it is a component part. 2. Refer to Section 01270 - Measurement and Payment for Unit Price procedures.

B. Stipulated Price (Lump Sum).If Contract is Stipulated Price Contract, payment of work in this Section is included

in total Stipulated Price.

1.03 REFERENCES

A. Reference Standards: Comply as a minimum with applicable provisions and recommendations of the following: 1. American National Standards Institute (ANSI)

EXHIBIT “B12” (CONTINUE) GUIDE SPECIFICATION SECTION 11311


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2. American Society for Testing and Materials (ASTM) 3. Anti-Friction Bearing Manufacturers Association (AFBMA) 4. Hydraulic Institute. 5. Institute of Electrical and Electronic Engineers (IEEE) 6. National Electric Code (NEC) 7. National Fire Protection Association (NFPA) 8. National Electrical Manufacturers Association (NEMA) 9. Steel Structures Painting Council (SSPC)

1.04 PERFORMANCE REQUIREMENTS

A. Furnish and install the submersible, non-clog wastewater pumps capable of handling raw unscreened sewage in accordance with these Specifications to replace the existing pumps.

B. Number of pumps, and the following information on minimum and maximum operating capacities, TDH, and other pump design data shall be as tabulated in the spreadsheet, “Lift Station Data for Template Project,” for the lift station:

1. Dry Pit Installation 2. Wet Pit Installation 3. Static Head (feet) 4. Preferred Operating Region (POR):

a. Design Operating Point Flow (gpm) at TDH (feet) b. Maximum Operating Point Flow (gpm) at TDH (feet) c. Minimum Operating Point Flow (gpm) at TDH (feet) d. Best Efficiency Point, BEP, (gpm/feet/%) e.

5. Shutoff head (feet) 6. Best Efficiency Point, BEP, (gpm/feet/%) 7. Run-Out Head (feet) 8. Electrical requirements: 460V/3 PH/60Hz 9. Pump Running Speed

C. Pumps shall be designed for continuous operation, and it shall function properly over the full identified operating range of the station system curve.

D. The motor shall be sized for all anticipated service conditions.

E. Pump characteristic curve (PCC) and proposed impeller diameter shall meet the design operating point near the Best Efficiency Point (BEP) of the (PCC).

F. Pump shall operate without cavitation, vibration, and noise for the entire Allowable Operating Range (AOR) of manufacturer’s (PCC).

G. Pump hydraulic efficiency at design operating point shall be Best Efficiency Point, “optimum normally available efficiency chart,” or as near to this BEP as possible, (Figure 20.3c) of HI 20.3-2015, for submersible sewage pumps.

H. Pump operating speed shall not exceed the “Recommended maximum operating speeds,” (Figure A.4), ANSI/HI 9.6.11-2012 for Wastewater Pumps, based on cast iron impeller.

I. NPSHR at the maximum operating capacity shall be at least five (5) feet less than NPSHA.

J. At both new and retrofit pump stations, the pump’s motor shall allow minimum number of starts per hour as specified by NEMA Table for NEMA Design B induction motors. This ability shall be certified by the pump manufacturer, not his Representative, in submittal documentation.



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1.05 SUBMITTALS

A. Submit shop drawings and product data under provisions of Section 01330 - Submittal Procedures.

B. Submit a list of not less than 5 installations in the USA where pumping equipment of the type and approximate size specified has been in successful operation for at least 5 years. It shall include the name and the phone number of the user to verify the performance.

C. Submit locations of the nearest permanent service headquarters of the pump and motor manufacturer for the size of pump and motor submitted.

D. Submit descriptive literature, including a cross-sectional view of each pump and motor combination, which indicates materials of construction, weights, principal dimensions and other important details.

E. Submit certified pump characteristic curve showing the head-capacity relationship, brake horsepower, NPSH requirements, pump efficiency and pump speed. The pump characteristic curve shall be complete for the entire range of anticipated service conditions from shutoff to minimum head conditions and indicate the Allowable Operating Range. The Best Efficiency Point shall be clearly identified.

F. Submit manufacturer's calculation of radial and thrust bearing L-10 life at the head and flow indicated under performance requirement of this Section

G. If the proposed pumping equipment is supplied with electrical equipment and components of larger capacity than specified or shown on the Contract Documents, the shop drawings for the equipment listed in the following Sections shall be submitted in the same package as the shop drawings submitted for this Section.

H. In addition to providing guaranteed AOR performance characteristic curves showing capacity, head, NPSH requirements, efficiency and brake horse power at rated speed, pump manufacturer shall furnish pump characteristic curves for VFD operation. These PCCs shall indicate the AOR of pump performance at various pump speeds (40-100% of rated speed). The PCC shall include the loci of the BEPs as well as the NPSH required for various pump speed.

I. Manufacturer's Certifications: 1. Submit manufacturer's certification that the manufacturer has carefully examined the Contract Documents in

detail, including the arrangement and conditions of proposed electrical, mechanical and structural systems affecting the performance of the pumping equipment units, and the detailed requirements of manufacturing and subsequent installation of the pumping equipment units.

2. Submit manufacturer's certification that there are no omissions, ambiguities or conflicts in the Contract Documents or in the pumping station piping layout that affects the pumping unit, as shown on the Drawings, which have not already been clarified in writing.

3. Submit manufacturer's certification that the running amperes of the motor will not exceed the nameplate rating of the motor under all expected operating conditions.

4. Submit manufacturer’s certification that spare parts, seals, bearings, o- rings and power cable shall be available locally for models to be supplied.

5. Submit manufacturer's certification that motors are explosion proof and labeled so, approved by Underwriters Laboratories (UL) or Factory Mutual (FM).

J. Record Drawings: Submit record drawing under provisions of Section 01785

K. Project Record Documents.

L. Factory Tests: Submit 3 copies of certified test reports to the Project Engineer for review. 1. The pump manufacturer shall perform the following inspections and tests on each pump before shipment:

a. Impeller, motor rating and electrical connections shall first be checked for compliance to the customer's purchase order.

b. A motor and cable insulation test for moisture content or insulation defects shall be made. c. Prior to submergence, the pump shall be run dry to establish correct rotation and mechanical

integrity. d. Each pump shall be run submerged in water. e. After running pump submerged in water, retest motor and cable insulation.



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f. Each pump shall be run in ambient condition to test and certify motor cooling. 2. If tests do not meet performance specifications, Contractor shall correct deficiencies to provide the specified

performance. 3. A written report stating the foregoing steps have been done must be supplied with each pump at the time of

shipment. This report must be approved by the Project Engineer prior to payment. 4. Testing and Final Submittals.

a. Factory performance tests, in accordance with the standards of the Hydraulic Institute, shall be required for all sewage pumps. Six copies of certified factory performance test curves and a copy of the actual test data shall be submitted prior to shipment, including head, capacity, brake horsepower and pump efficiency characteristics for each pump supplied.

b. The following data shall be submitted upon shipment of pumps and motors: 1) Installation, operation, maintenance and lubrication manuals. 2) Complete bill of materials to include factory part numbers, or drawing numbers, which would

indicate interchangeability, materials of construction, and the number of parts used in one unit.

3) Facsimile or rub-off of nameplate on pumps and motors. 4) Pump nameplate must include impeller size or number.

M. Operation and Maintenance Data: Submit operation and maintenance data under provisions of Section 01782 -

Operations and Maintenance Data.

1.06 QUALITY ASSURANCE

A. All materials used shall be new, of high grade, and with properties best suited to the work required:

B. Manufacturer's Qualifications: 1. Pumping equipment provided under this Section shall be a standard product in regular production by

manufacturers whose products have proven reliable in similar service for at least 5 years. 2. Manufacturer shall satisfy the Project Engineer that it is capable of the following:

a. Providing local (within 50 miles of the limits of the City of Houston) factory trained personnel to service the pumps

b. Providing allied equipment when needed within a 48 hour period. c. Providing all needed spare parts for the pumps within a 48-hour period.

3. The pump manufacturer shall provide a written certification that their local Authorized Service Center shall stock and make available locally the OEM spare parts, including seals, bearings, wear-rings and power cables for models to be supplied.

C. Coordination Responsibility

1. In order to ensure equipment compatibility, one manufacturer shall be responsible for providing all submersible wastewater pumping equipment, including pump and motor, access frame and guides.

2. The Contractor shall name a pump manufacturer, who will have responsibility for the function of the complete system in accordance with the intent of these Specifications. The named manufacturer shall be experienced in similar work.

3. Contractor shall retain overall responsibility for equipment coordination, installation, testing and operation.

D. Substitution. The engineering design is based on a certain manufacturer's equipment. If the Contractor's choice of equipment is approved but requires modifications to plant, equipment or piping for installation, the Contractor is responsible for submitting revised engineering design and drawings to make the proposed equipment compatible with the project, at no additional cost to the City.

1.07 DELIVERY, STORAGE AND HANDLING

A. Deliver equipment to site, all store and protect equipment under provisions of



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B. Section 01610 - Basic Product Requirement.

C. Store all equipment off the ground in enclosed shelter.

D. The pump cable end shall be sealed with a high quality protective covering to make it impervious to moisture or water seepage from submersion or other causes prior to electrical installation.

1.08 EVALUATION AND SELECTION

A. The City reserves the right to select any equipment which is deemed to be in its best interest.

1.09 WARRANTY

A. Provide warranty under provisions of Section 01770 - Closeout Procedures.

B. Pump manufacturer shall furnish to the City a warranty written expressly from the manufacturer to the City of Houston, covering workmanship and material for 5 years or 15,000 hours of operation under normal use and service. The warranty shall cover 100 percent of parts and labor for the entire warranty period. The warranty period shall commence on the day of initial operation for City's beneficial use. Warranty shall be in printed form and previously published as the manufacturer's Standard Warranty for all similar units manufactured. Pumps repaired under warranty will be returned to the job site freight pre- paid.

PART 2 - PRODUCTS

2.01 ACCEPTABLE MANUFACTURERS

A. Through shop drawing submittals, the following named manufacturers will be considered, provided the submitted equipment meets the specified requirements and system operating conditions:

1. Fairbanks-Morse 2. Flygt Pumps, Inc. 3. KSB Pumps, Inc.

B. Listing as an acceptable manufacturer will not relieve the manufacturer from conforming to Contract Specifications.

2.02 PUMP CONSTRUCTION

A. Pump Type. 1. The pumps shall be vertical, single-stage, single-suction, non-clogging raw sewage or sludge submersible

centrifugal type for operation in a Wet-Pit or Dry-Pit configuration. 2. Each unit shall be equipped with a submersible electric motor, completely shop assembled in the pump

manufacturer's plant, accurately aligned and properly prepared for shipment.

B. Pump Design. 1. Furnish and install submersible non-clog wastewater pumps for raw unscreened sewage service. 2. For wet-well application, the discharge connection elbow shall be permanently installed in the wet well along

with the discharge piping. Anchor bolts for the discharge connection elbow shall be Type 316 stainless steel. 3. For wet-well installation, pump shall be automatically connected to the discharge connection elbow when

lowered into place, and shall be easily removed for inspection or service. 4. For wet-well installation, there shall be no need for personnel to enter wet well to either disconnect or

reconnect the pump. 5. For wet-well application, sealing of the pumping unit to the discharge connection elbow shall be accomplished

by a simple linear downward motion of the pump. A sliding guide bracket shall be an integral part of the pump unit.

6. No portion of the pump shall bear directly on the floor of the for both wet-well or dry-pit installations.



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C. Casing 1. Major pump components shall be of fine grained gray cast iron, ASTM A48, Class 30 or better, with smooth

surfaces devoid of blow holes and other irregularities. 2. The volute shall be of a single piece, concentric or non-concentric design, and shall have smooth fluid

passages large enough at all points to pass any size solids which can pass through the impeller. 3. For pump casings having a sharp edged inlet, a suction bell per Hydraulic Institute recommendations shall be

supplied. The pump manufacturer shall ensure a smooth entry of fluids into the suction inlet of the pump casing through the use of a contoured bell shaped entrance. For pump designs incorporating their own contoured bell shaped entrances into the volute, no other secondary pieces shall be required.

4. Fitting shall be such that sealing is accomplished by metal-to-metal contact between machined surfaces. This will result in controlled compression of nitrile rubber o-rings without the requirement of a specific torque limit.

5. No secondary sealing compounds, rectangular gaskets, elliptical-rings, grease or other devices shall be used. 6. In Wet-Pit Installation: pump discharge flange shall be drilled to ANSI class 125. 7. In Dry-Pit Installation: pump suction and discharge flanges shall be drilled to ANSI class 125. 8. The pump volute shall be hydrostatically tested to 1.5 times the design pressure.

D. Power Cable 1. The cable entry water seal design shall preclude specific torque requirements to ensure a watertight and

submersible seal. The cable entry shall be sealed by an elastomer grommet, epoxy potting material, or a combination of both. The cable entry sealing system shall provide strain relief for the terminal connections and allow access to the terminal connections without adversely affecting the integrity or function of the seal system.

2. Cables shall be oil, grease and abrasion resistant, and meet applicable standards. The outer jacket shall be polyurethane or other material equally suitable for immersion in wastewater.

3. Cables shall be capable of operating on either 230 volt or 460 volt, 3 phase service and under continuous submergence without loss of watertight integrity to a depth of 65 feet.

4. No parallel power cables are acceptable unless they are size #1/0 or larger. 5. Motors 7.5 HP and over shall have re-connectable terminal blocks. All leads shall be numbered. 6. Pump cables shall not be spliced between junction box and pump. 7. Length of pump cable for a lift station shall be specified by the project Engineer

E. Submersible Motor 1. The pump motor shall be an INVERTER DUTY rated motor. The motor shall be inverter duty rated in

accordance with NEMA MG1, Part 31 2. The pump motor shall be a NEMA Design B squirrel-cage, induction, shell type design, housed in an air-filled

watertight chamber. 3. The stator winding and stator leads shall be insulated with moisture resistant Class H insulation which will

resist a temperature of 180 degrees C (356 degrees F). 4. The stator shall be insulated by vacuum/trickle impregnation using Class H monomer-free polyester resin

resulting in a winding fill factor of at least 95%. The use of multiple dip and bake type stator insulation process is not acceptable.

5. The stator shall be heat-shrink fitted into the cast iron stator housing. The use of bolts, pins or other fastening devices requiring penetration of the stator housing shall be rejected.

6. The rotor bars and short circuit rings shall be of aluminum. 7. The motor shall be designed for continuous duty, capable of sustaining a minimum number of NEMA allowable

starts per hour, evenly spaced. 8. The pump/motor shall be capable of operating at liquid temperature of 104 degrees F per FM requirements-

without overheating or operating in the service factor. 9. Motor shall be non-overloading over the entire Allowable Operating Range of pump/motor. 10. A performance chart of the motor/pump shall be provided showing curves for torque, current, a minimum

service factor of 1.15, input/output kW and efficiency. 11. The submittal shall include a curve of current (ampere) vs capacity (gpm) at nameplate voltage and nameplate

speed. 12. The motor shall be UL listed or FM approved as explosion-proof, suitable for NEC Class I, Division 1, Group

C and D environments. 13. Each unit shall be provided with an adequately designed cooling system totally self-contained with no external

mechanical devices. Pumps shall be designed to operate continuously with the fluid level at the top of the pump volute.



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14. Maximum motor speed shall be as the “Recommended maximum operating speeds,” Figure A.4, ANSI/HI 9.6.11-2012 for Wastewater Pumps, based on cast iron impeller.

15. For sizes 20 HP and smaller, the motor shall be equipped with dual voltage connections for 230/460 volts. 16. Thermal sensors shall be used to monitor stator temperatures. The stator shall be equipped with 3 thermal

switches, embedded in the end coils of the stator winding (one switch in each stator phase). 17. These thermal sensors shall be used in conjunction with external motor overload protection and wired to the

control panel. 18. For motor sizes larger than 100 HP, an independent thermal switch shall be included to monitor the lower

motor bearing temperature and shall be used in conjunction with external motor overload protection and wired to the control panel.

19. The pump shall be equipped with moisture sensors in the oil-filled seal chamber or stator chamber to indicate seal leakage. Motors larger than 20 HP shall be equipped with a leakage sensor to detect water in the stator chamber.

20. The drive for Variable Frequency Drive (VFD) motor/pump shall be in accordance with applicable sections, Division 16.

21. Contractor shall notify the manufacturer on the requisition that the motor will be used in conjunction with a VFD and the type of frequency generation. Contractor shall coordinate with the motor and Variable Frequency Drive manufacturer to ensure that the motor will be capable of operating under the torque requirements and speed range within temperature specifications.

F. Shaft: 1. Each pump shaft shall be one piece of AISI type 420 stainless steel or better. 2. If the shaft is carbon steel, the shaft shall be one piece heat-treated carbon steel C 1035 shall be protected

by a stainless steel shaft sleeve. 3. The use of carbon steel shaft without the incorporation of a stainless steel sleeve shall not be acceptable. 4. The shaft shall be of sufficient diameter to assure rigid support of the impeller and to prevent excessive

vibration at all speeds.

G. Pump Seal: 1. Each pump shall be provided with a tandem mechanical shaft seal system. 2. The upper seal of the tandem set of seals shall operate in an oil chamber located just below the stator housing.

This set shall contain one stationary tungsten-carbide ring or silicon carbide ring and one positively driven rotating carbon (or better) ring, and functions as an independent secondary barrier between the pumped liquid and the stator housing.

3. The lower seal of the tandem set of seals functions as the primary barrier between the pumped liquid and the oil housing. This set shall consist of a stationary ring and a positively driven rotating ring both of which shall be silicon carbide or tungsten carbide.

4. Shaft seals without positively driven rotating members or conventional double mechanical seals containing either a common single or double spring action between upper and lower seal faces shall not be acceptable.

H. Bearings: 1. Bearings shall be permanently lubricated ball or roller type rated in accordance with AFBMA for an L-10 duty

life of at least 100,000 hours at the rated capacity.

I. Cooling Jacket: 1. Each submersible pump unit shall be provided with an integral [closed loop] motor cooling system (cooling

jacket). 2. A stainless steel (or cast iron or carbon steel) motor cooling jacket shall encircle the stator housing, providing

for dissipation of motor heat regardless of the type of pump installation. 3. The cooling liquid shall pass about the stator housing in the closed loop system in turbulent flow providing for

superior heat transfer. 4. The cooling jacket shall have one fill port and one drain port integral to the cooling jacket. 5. The cooling jacket shall provide for continuous pump operation in liquid or ambient temperatures of up to

104°F. 6. Operational restrictions at temperatures below 104°F are not acceptable. 7. Fans, blowers or auxiliary cooling systems that are mounted external to the pump motor are not acceptable. 8. ANY PROPOSED SUBMERSIBLE PUMP OFFERED THAT DOES NOT HAVE AN INTEGRAL MOTOR

COOLING JACKET, THE PUMP MANUFACTURER SHALL PROVIDE CERTIFIED DOCUMENTS THAT



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THE SUBMERSIBLE PUMP OFFERED CAN BE OPERATED IN CONTINOUS OPERATION, WITHOUT ANY SUBMERGENCE, AT AMBIENT TEMPERATURES OF UP TO 104°F.

J. Impeller: 1. The impeller shall be of fine grained gray cast iron, Class 30 or better. 2. The impeller shall be dynamically or statically balanced. 3. The impeller shall be double shrouded non-clogging design having a long thru let without acute turns. 4. The impeller shall be capable of handling 3 inch minimum diameter solids, fibrous materials, heavy sludge

and other matter found in nonnalsewage application. 5. The impeller hub shall be accurately fitted and mechanically secured to the motor shaft.

K. Volute/ Impeller Wear Rings and Wear Plates: 1. For pump impellers requiring wear rings, a replaceable wear ring shall be installed to provide efficient sealing

between the volute and impeller. 2. The impeller wear rings shall consist of AISI Series 300 or better heat treated stainless steel or high chrome

cast iron. 3. For pump volutes requiring wear rings, a replaceable wear ring shall be installed to provide efficient sealing

between the volute and impeller. 4. The volute wear rings shall consist of AISI Series 300 or better heat treated stainless steel or high chrome

cast iron. 5. The pump shall be supplied with a means to maintain clearance between the rotating impeller and the

stationary pump casing. 6. These wear ring Brinnel Hardness and tolerances shall be clearly indicated in submittal documents

2.03 ACCESSORIES

A. Access Frames and Covers 1. Halliday Products Series H2R, USF Series AHD or Ashmore approved equal. 2. For watertight service, Halliday Products Series H2W, USF Series THD or THS, or approved equal. 3. Aluminum access frames and covers shall be provided by the pump supplier. Fasteners, hinges and other

hardware shall be type 316 stainless steel. 4. The frame shall be extruded aluminum with an integral seat and anchor flange. Door leafs shall be 1/4-inch

thick aluminum floor plate reinforced to H-20 live load with 30 percent impact factor per AASHTO specifications.

5. The access door shall be equipped with a flush cast aluminum drop handle which does not protrude above the cover surface and an automatic hold open arm with a red vinyl release grip, that automatically holds the door in a 90 degree open position utilizing a stainless-steel pin at the point where the door meets the hold open arm.

6. Hinges shall be stainless steel with stainless steel tamperproof hardware. Doors shall be equipped with a stainless steel, watertight slamlock with a threaded aluminum plug, removable outside handle and an inside release handle. The slamlock must latch onto a stainless steel catch bolted to the frame.

7. Doors shall also include a recessed padlock assembly that consists of a cast aluminum enclosure that is sized to restrict access by bolt cutters, a stainless steel staple for a padlock and a hinged stainless steel cover which does not protrude above cover surface.

8. Doors shall be equipped with stainless steel spring operators for lift assist and to retard downward motion. All parts of the spring operator shall be stainless steel or aluminum and to ensure visual inspection. Spring operators shall be open type. The spring operators shall be engineered and installed so that in the event of slamlock failure the door will remain closed. The force required to open any one door leaf shall be a minimum of 5 pounds and a maximum of 20 pounds.

9. Apply bituminous paint on all aluminum areas that come in contact with concrete. 10. Exposed frame and door surfaces shall be painted dark green as approved by the City Engineer. 11. A written 10-year material and/or workmanship warranty on all components shall be provided. 12. Safety grating shall be provided on the pump access frames and covers.



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B. Pump Guide System 1. The existing Guide Rail Diameter and Spacing shall be provided by the City. It shall be included in the

spreadsheet information of “Repair and Renewal Lift Stations Template Project.” 2. The pump shall be and firmly connected to the discharge connection guided by no less that two guide rails

extending from the top of the wet-well to the discharge connection. 3. The guide rail system shall comply with the following requirements:

a. Type 316 stainless steel (schedule 40) rails replaceable without man entry into the wet-well. b. Lower bracket integral with pump support/discharge fitting. c. Type 316 stainless steel upper bracket bolted to access cover frame. d. Intermediate brackets, if required.

C. Bolts, Studs and Nuts

1. All bolts, studs and nuts shall have American National form right-hand machine cut threads which shall be in conformity with the current ANSI B1.1, "Screw Threads", Coarse Thread Series, unless otherwise specified.

2. All bolt heads and nuts shall be semi-finished and shall be in conformity with ANSI B18.2, "Wrench-Head Bolts and Nuts and Wrench Openings", Heavy Series, unless otherwise specified. All nuts shall be hexagonal in shape.

3. All anchor bolts, flange bolts, studs and nuts shall be Type 316 stainless steel in conformity with ASTM A276.

D. Wet Well Installation 1. Pump manufacturer shall provide Discharge Base Elbow. 2. The discharge base elbow shall be installed directly onto the wet well floor or onto foundation rails using

chemical anchors. 3. Discharge flange shall be drilled to ANSI bolt pattern Class 125.

E. Dry Pit Installation 1. Pump manufacturer shall provide mounting feet at bottom of the pump. 2. The pump shall be installed on concrete pedestals or piers. 3. Suction and discharge flanges shall be drilled to ANSI bolt pattern Class 125.

F. Ventilation 1. Duct Work should be designed based on the following criteria. 2. Material of Construction:

a. Below Grade – Sch 40 or SDR 35 PVC, or DR 32.5 HDPE b. Above Grade – FRP coated for UV protection or 304 stainless Steel

3. Air Velocity – 1500 to 2500 ft/min 4. The air changes per hour should be based on NFPA 820-Fire Protection in Wastewater Treatment Plant

(current edition) issued by the National Fire Protection Association, but it should not be less than 15 to 25 changes per hour.

5. Fan should be corrosion resistant with slide mount motor to allow sheave replacement. 6. Fans located outside should be noise suppressed. 7. Flexible connectors should be used for inlet and outlet connections. 8. Provide fan volute with a drain to remove liquids

2.04 PUMP PROTECTION SYSTEM

G. Manufacturer shall furnish a complete pump monitoring and protection system consisting of an intrinsically safe solid state monitoring system to be installed in the motor starter cubicle, and independent probes integral to the pump/motor wired to a sealed cable entry terminal box for connection of submersible control cables.

H. Monitoring unit shall be solid state, intrinsically safe system designed for mounting within the motor starter cubicle. Monitoring system shall accept inputs from the sensors specified and shall output independent contacts which close to alarm each condition, or separate independent output terminals suitable for direct connection to



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interposing relays for alarm contact development. Provide a separate N.C. alarm contact, rated at 120V, 5A inductive, which opens on any failure. Monitor system shall be suitable for operation from a 24VAC unregulated, unlimited power supply. Provide any additional equipment or appurtenances required to provide current and voltage limited intrinsically safe installation as specified. The monitoring system shall accept separate isolated N.O. contacts which close to indicate pump running and to reset after pump trip.

I. Sensors shall be independently wired to the monitoring system. Provisions for the following sensors for each pump:

1. Stator leak (one required). 2. Stator temperature for pumps over 100 HP (one per phase, field test and connect to highest reading obtained). 3. Bearing temperature (one required).

2.05 SHOP PAINTING

A. Pump motor size up to 100 HP. 1. Pump Exterior:

a. Pre-treatment. b. Primer. One coat of alkyd resin primer, 1.6 mils minimum. c. Finish. Chloric rubber paint, 2.4 mils minimum.

2. Machine Finished Surfaces: a. Machined parts are cleaned to remove all dirt and grease. b. Cleaning is done so as not to affect primer or deteriorate adherence to finish paint. d. Storage and transport is carried out in such a way that rust attack on machined surfaces

does not occur. e. At assembly, surfaces are coated with a corrosion preventive paint.

B. Pump motor size greater than 100 HP. 1. Pump Exterior:

a. Pre-treatment. Sandblast cleaning and removal of all oil and dust. b. Primer. One coat of alkyd resin primer, 1.6 mils minimum. c. Finish coat. Two coats of chloric rubber paint, 2.1 mils each coat.

2. Machine finished surfaces: a. Machined parts are cleaned to remove all dirt and grease. b. Cleaning is done so as not to affect primer or deteriorate adherence to finish paint: c. Storage and transport is carried out in such a way that rust-attack on machined surfaces

does not occur. d. At assembly, surfaces are coated with a corrosion preventive paint.

PART 3 - E X E C U T I 0 N

3.01 INSTALLATION

A. Installation of the pumping equipment shall conform to the manufacturer's instructions and recommendations and reviewed shop drawings.

B. Field Tests: 1. Each pump will be subjected to a 6-hour field operational test before acceptance as follows:

a. The unit under test shall be properly installed in the wet well, firmly upon its discharge connection after determination of (a) proper service voltage is being supplied and (b) proper rotation of the impeller. No cooling by forced or circulated air shall be allowed.

b. Capacity Test: On four occasions, wet well shall be filled with liquid to an elevation sufficient to allow each single pump to operate for 3 minutes, independent of the control regime. Time required to pump down known volume shall be measured as evidence of each pump's



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capacity. All portions of the force main must have been constructed and tested prior to this test.

c. Snore Tests: Snore is defined as that state when the pump is alternately pumping liquid and air and usually occurs when the pump pumps the liquid down to expose its inlet. The unit(s) under test shall be submerged with just enough liquid to accomplish "snore" and allowed to run two times for 10 minutes minimum.

C. Start-up Data: Contractor shall complete and submit the start-up records and maintenance data sheets.


EXHIBIT I – CONTRACTOR’S QUESTIONNAIRE SOLICITATION NO.: S74-L26558

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In order to receive bid award consideration, the bidder must be able to demonstrate that they are currently providing or have had at least one contract, as a prime contractor, for SUBMERSIBLE PUMP REPAIR SERVICES that is similar in size and scope to this BVB requirements. Bidder must have references documenting that it has performed submersible pump repair services on KSB Small Submersible Pumps with fractional horsepower from less than 2 horsepower to 125 horsepower. The reference(s) should be included in the space provided below. Please attach another piece of paper if necessary. Bidder’s capability and experience shall be evaluated and a factor in determining the contract award.

LIST OF PREVIOUS CUSTOMERS

1. Name: ____________________________________________________________________

Address: __________________________________________________________________

Name, Phone & Email of Contact________________________________________________

Contract Award Date: ________________ Contract Completion Date: _______________

Project Description: __________________________________________________________

___________________________________________________________________________

2. Name: ____________________________________________________________________

Address: __________________________________________________________________




___________________________________________________________________________

3. Name: ____________________________________________________________________

Address: __________________________________________________________________




___________________________________________________________________________

4. Name: ____________________________________________________________________

Address: __________________________________________________________________




___________________________________________________________________________

EXHIBIT I-A – LIST OF SUBCONTRACTOR(S) SOLICITATION NO.: S74-L26558

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The following is a list of Subcontractors we propose to engage on the following items of Work. Any item of Work which does not designate a Subcontractor will be done by the firm submitting the Proposal. SEGREGATED PART OF WORK SUBCONTRACTOR/SUPPLIER ________________________________ __________________________________

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EXHIBIT II – MINORITY/WOMEN BUSINESS ENTERPRISES CONTRACT REQUIREMENTS SOLICITATION NO.: S74-L26558

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PAGE INTENTIONALLY LEFT BLANK

EXHIBIT II – ATTACHMENT “A”: SCHEDULE OF M/WBE PARTICIPATION SOLICITATION NO.: S74-L26558

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DATE OF REPORT: _________________________________ BID NO.: __________________________________________ FORMAL BID TITLE: ________________________________

NAME OF MINORITY/WOMEN SUBCONTRACTOR

OFFICE OF BUSINESS OPPORTUNITY

CERTIFICATION NO.

STREET ADDRESS AND CITY, STATE, ZIP CODE

TELEPHONE NO.

SCOPE OF WORK

AGREE PRICE

TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M/WBE PARTICIPATION AMOUNT. . . . . . . . . . . . . . . . . . TOTAL BID AMOUNT. . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

$___________ $__________% $___________

EXHIBIT II – ATTACHMENT “A” (CONTINUED): SCHEDULE OF M/WBE PARTICIPATION SOLICITATION NO.: S74-L26558

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IF YOU HAVE USED YOUR BEST EFFORTS TO CARRY OUT THE CITY’S M/WBE POLICY BY SEEKING SUBCONTRACTS AND SUPPLY AGREEMENTS WITH MINORITY AND WOMEN BUSINESS ENTERPRISES, YET FAILED TO MEET THE STATED PERCENTAGE GOAL OF THIS BID DOCUMENT, LIST BELOW YOUR GOOD FAITH EFFORTS FOR COMPLIANCE (DEFINITION OF REQUIREMENTS CAN BE OBTAINED THROUGH OFFICE OF BUSINESS OPPORTUNITY AT (713) 837-9000).

THE UNDERSIGNED WILL ENTER INTO A FORMAL AGREEMENT WITH THE MINORITY AND/OR WOMEN SUBCONTRACTORS AND SUPPLIERS LISTED IN THIS SCHEDULE CONDITIONED UPON AWARD OF A CONTRACT FROM THE CITY. NOTE: ALL FIRMS LISTED ABOVE MUST BE CERTIFIED (OR ELIGIBLE FOR CERTIFICATION) BY THE OFFICE OF BUSINESS OPPORTUNITY. THIS SCHEDULE OF M/WBE PARTICIPATION SHOULD BE RETURNED, IN DUPLICATE, WITH THE BID FORM.

______________________________________________________________ BIDDER COMPANY NAME ______________________________________________________________ SIGNATURE OF AUTHORIZED OFFICER OR AGENT OF BIDDER ______________________________________________________________ NAME (TYPE OR PRINT) ______________________________________________________________ TITLE

EXHIBIT II – ATTACHMENT “B” OFFICE OF BUSINESS OPPORTUNITY AND

CONTRACT COMPLIANCE M/WBE LETTER OF INTENT SOLICITATION NO.: S74-L26558

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Letter of Intent THIS AGREEMENT IS SUBJECT TO MEDIATION AND CAN BE INITIATED BY THE COMPANIES SIGNED BELOW OR THE OFFICE OF BUSINESS OPPORTUNITY. To: City of Houston Date: Administering Department Project Name and Number Bid Amount: M/W/SBE Goal: , agrees to enter into a contractual agreement with _________________________ Prime Contractor MWSBE Subcontractor who will provide the following goods/services in connection with the above-referenced contract:

____________________________ for an estimated amount of $ or % of the total contract value. is currently certified with the City of Houston’s Office of Business Opportunity to function in the (M/W/SBE Subcontractor) aforementioned capacity. Intend to work on the above-named contract in

Prime Contractor M/W/SBE Subcontractor accordance with the M/W/DBE Participation Section of the City of Houston Bid Provisions, contingent upon award of the contract to the aforementioned Prime Contractor. Signed (Prime Contactor) Signed (M/W/SBE Subcontractor) Printed Signature Printed Signature Title Date Title

EXHIBIT II – ATTACHMENT “C” CERTIFIED M/WBE SUBCONTRACT TERMS


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CITY OF HOUSTON CERTIFIED MWSBE SUBCONTRACT TERMS Contractor shall ensure that all subcontracts with M/WSBE subcontractors and suppliers are clearly labeled “THIS CONTRACT IS SUBJECT TO MEDIATION” and contain the following terms:

1. _______________________(M/WSBE subcontractor) shall not delegate or subcontract more than 50% of the work under this subcontract to any other subcontractor or supplier without the express written consent of the City of Houston’s Office of Business Opportunity Director (“the Director”).

2. _______________________(M/WSBE subcontractor) shall permit representatives of the City of

Houston, at all reasonable times, to perform 1) audits of the books and records of the subcontractor, and 2) inspections of all places where work is to be undertaken in connection with this subcontract. Subcontractor shall keep such books and records available for such purpose for at least four (4) years after the end of its performance under this subcontract. Nothing in this provision shall affect the time for bringing a cause of action or the applicable statute of limitations.

3. Within five (5) business days of execution of this subcontract, Contractor (prime contractor) and

Subcontractor shall designate in writing to the Director an agent for receiving any notice required or permitted to be given pursuant to Chapter 15 of the Houston City Code of Ordinances, along with the street and mailing address and phone number of such agent.

These provisions apply to goal-oriented contracts. A goal-oriented contract means any contract for the supply of goods or non-professional services in excess of $100,000.00 for which competitive proposals are required by law; not within the scope of the MBE/WBE/SBE program of the United States Environmental Protection Agency or the United States Department of Transportation; and which the Chief Procurement Officer has determined to have significant MWSBE subcontracting potential in fields which there are an adequate number of known MBEs , WBE’s, and or SBE’s (if applicable) to compete for City contracts. The MWSBE policy of the City of Houston will be discussed during the pre-proposal conference. For information, assistance, and/or to receive a copy of the City’s Affirmative Action Policy and/or Ordinance, contact the Office of Business Opportunity Division at 832.393.0600, 611 Walker Street, 7th Floor, Houston, Texas 77002.

EXHIBIT II – ATTACHMENT “D” OFFICE OF BUSINESS OPPORTUNITY AND CONTRACT COMPLIANCE M/WBE UTILIZATION

REPORT SOLICITATION NO.: S74-L26558

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Report Period: _____________________ PROJECT NAME & NUMBER: ___________________________________ AWARD DATE:_____________________________ PRIME CONTRACTOR: ________________________________________ CONTRACT NO.: ___________________________ ADDRESS: __________________________________________________ CONTRACT AMOUNT: ______________________ LIAISON/PHONE NO.: _________________________________________ M/WBE GOAL: ____________________________

M/WBE SUB/VENDOR NAME

DATE OF OBO CERTIFICATION

DATE OF SUBCONTRACT

SUBCONTRACT AMOUNT

% OF TOTAL CONTRACT

AMOUNT PAID TO DATE

% OF CONTRACT TO DATE

Use additional pages if needed. Submit by the 15th day of the following month. Office of Business Opportunity Provide support documentation on all revenues paid to end of the report period to: ATTN: Carlecia Wright 713-837-9000 M/WBE’s to reflect up/down variances on Contract amount. 611 Walker, 7th Floor Houston, Texas 77002

Legal Dept. Rev. 10-25-2017 68

THE STATE OF TEXAS § BID # L26558 § ORDINANCE #______________

COUNTY OF HARRIS § CONTRACT# _______________

AGREEMENT FOR SMALL SUBMERSIBLE PUMP REPAIR SERVICES

ARTICLE 1. PARTIES

THIS AGREEMENT FOR SMALL SUBMERSIBLE PUMP REPAIR SERVICES (“Agreement”) is made on the date countersigned by the City Controller between the CITY OF HOUSTON, TEXAS (“City”), a home-rule city of the State of Texas principally situated in Harris County and _________________ (name) (“Contractor”), a ____________ (state of incorporation) _____________ (type of legal entity) doing business in Texas.

1.01 ADDRESS:

1.01.1 The initial addresses of the parties, which one party may change by giving written notice to the other party, are as follows:

City Director or Designee ______________ Department City of Houston P. O. Box 1562 Houston, Texas 77251

Contractor _______________________ _______________________ _______________________ _______________________ Attention: _______________

1.02 TABLE OF CONTENTS

1.02.1 The Parties agree as follows:

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]


TABLE OF CONTENTS

Page No.

ARTICLE 1. PARTIES .............................................................................................................. 68

1.01 ADDRESS ......................................................................................................... 68 1.02 TABLE OF CONTENTS .................................................................................... 68 1.03 PARTS INCORPORATED ................................................................................. 70 1.04 CONTROLLING PARTS .................................................................................... 70 1.05 DEFINITIONS ................................................................................................... 70 1.06 SIGNATURES ................................................................................................... 71

ARTICLE 2. DUTIES OF CONTRACTOR ................................................................................. 72

2.01 SCOPE OF SERVICES ..................................................................................... 72 2.02 COORDINATE PERFORMANCE ...................................................................... 72 2.03 TIME EXTENSIONS .......................................................................................... 72 2.04 REPORTS ......................................................................................................... 72 2.05 PAYMENT OF SUBCONTRACTORS ............................................................... 72 2.06 RELEASE ......................................................................................................... 72 2.07 INDEMNIFICATION .......................................................................................... 73 2.08 SUBCONTRACTOR’S INDEMNITY .................................................................. 73 2.09 INDEMNIFICATION PROCEDURES ................................................................ 73 2.10 INSURANCE ..................................................................................................... 74 2.11 WARRANTIES .................................................................................................. 76 2.12 CONFIDENTIALITY .......................................................................................... 76 2.13 USE OF WORK PRODUCTS ............................................................................ 76 2.14 LICENSE AND PERMITS .................................................................................. 77 2.15 COMPLIANCE WITH LAWS.............................................................................. 77 2.16 COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ORDINANCE . 77 2.17 MWBE COMPLIANCE....................................................................................... 77 2.18 DRUG ABUSE DETECTION AND DETERRENCE ........................................... 78 2.19 CONFLICTS OF INTEREST.............................................................................. 79 2.20 PAY OR PLAY .................................................................................................. 79 2.21 CONTRACTOR’S PERFORMANCE ................................................................. 79 2.22 ADDITIONAL SERVICES .................................................................................. 79 2.23 CHANGES ........................................................................................................ 80 2.24 ENVIRONMENTAL LAWS ................................................................................ 81 2.25 ANTI-BOYCOTT OF ISRAEL ............................................................................ 81 2.26 ZERO TOLERANCE POLICY FOR HUMAN TRAFFICKING AND RELATED

ACTIVITIES ....................................................................................................... 81

ARTICLE 3. DUTIES OF CITY .................................................................................................. 82

3.01 PAYMENT TERMS ........................................................................................... 82 3.02 TAXES .............................................................................................................. 82 3.03 METHOD OF PAYMENT ................................................................................... 82 3.04 LIMIT OF APPROPRIATION ............................................................................. 82 3.05 ACCESS TO SITE ............................................................................................. 83 3.06 ACCESS TO DATA ........................................................................................... 83

ARTICLE 4. TERM AND TERMINATION .................................................................................. 84

4.01 AGREEMENT TERM ........................................................................................ 84 4.02 NOTICE TO PROCEED .................................................................................... 84 4.03 RENEWALS ...................................................................................................... 84


4.05 TERMINATION FOR CONVENIENCE BY CITY ................................................ 84 4.06 TERMINATION FOR CAUSE BY CITY ............................................................. 85 4.07 TERMINATION FOR CAUSE BY CONTRACTOR ............................................ 85 4.08 REMOVAL OF CONTRACTOR OWNED EQUIPMENT AND MATERIALS ....... 85

ARTICLE 5. MISCELLANEOUS ............................................................................................... 86

5.01 INDEPENDENT CONTRACTOR ....................................................................... 86 5.02 FORCE MAJEURE ............................................................................................ 86 5.03 SEVERABILITY ................................................................................................. 87 5.04 ENTIRE AGREEMENT ...................................................................................... 87 5.05 WRITTEN AMENDMENT .................................................................................. 87 5.06 APPLICABLE LAWS ......................................................................................... 87 5.07 NOTICES .......................................................................................................... 87 5.08 CAPTIONS ........................................................................................................ 87 5.09 NON-WAIVER ................................................................................................... 87 5.10 INSPECTIONS AND AUDITS ............................................................................ 88 5.11 ENFORCEMENT ............................................................................................... 88 5.12 AMBIGUITIES ................................................................................................... 88 5.13 SURVIVAL ........................................................................................................ 88 5.14 PUBLICITY ........................................................................................................ 88 5.15 PARTIES IN INTEREST .................................................................................... 88 5.16 SUCCESSORS AND ASSIGNS ........................................................................ 88 5.17 BUSINESS STRUCTURE AND ASSIGNMENTS .............................................. 88 5.18 REMEDIES CUMULATIVE ................................................................................ 89 5.19 CONTRACTOR DEBT....................................................................................... 89

EXHIBITS

A. DEFINITIONS B. SCOPE OF SERVICES & SPECIFICATIONS

C. DRUG POLICY COMPLIANCE AGREEMENT

D. CERTIFICATION OF NO SAFETY IMPACT POSITIONS

E. DRUG POLICY COMPLIANCE DECLARATION

F. FEES AND COSTS

1.03 PARTS INCORPORATED

1.03.1 The above-described sections and exhibits are incorporated into this Agreement.

1.04 CONTROLLING PARTS 1.04.1 If a conflict between the sections or exhibits arises, the sections control over the

exhibits. 1.05 DEFINITIONS 1.05.1 Certain terms used in this Agreement are defined in Exhibit “A”.


1.06 SIGNATURES

1.06.1 The Parties have executed this Agreement in multiple copies, each of which is an original. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

ATTEST/SEAL (if a corporation): WITNESS (if not a corporation): _____________________________ Name: Title:

CONTRACTOR: _______________________________ By: _____________________________ Name: Title: Federal Tax ID Number: ____________

ATTEST/SEAL: _______________________________ City Secretary

CITY OF HOUSTON, TEXAS Signed by: _______________________________ Mayor

APPROVED: _______________________________ Director, _______________ Department

COUNTERSIGNED BY: _______________________________ City Controller

APPROVED: _______________________________ Chief Procurement Officer

COUNTERSIGNATURE DATE: _______________________________

This Agreement has been reviewed as to form by the undersigned and has been found to meet established Legal Department criteria. The Legal Department has not reviewed the content of these documents. _______________________________ Legal Assistant Date: _________________

APPROVED AS TO FORM: _______________________________ Assistant City Attorney L.D. File No. _________________


ARTICLE 2. DUTIES OF CONTRACTOR

2.01 SCOPE OF SERVICES

2.01.1 In consideration of the payments specified in this Agreement, Contractor shall provide all supervision, labor, tools, equipment, permits, parts, expendable items, material, and supplies necessary to perform the services described in Exhibit “B”.

2.02 COORDINATE PERFORMANCE

2.02.1 Contractor shall coordinate its performance with the Director and other persons that the Director designates. Contractor shall promptly inform the Director and other person(s) of all significant events relating to the performance of this Agreement.

2.03 TIME EXTENSIONS

2.03.1 If Contractor requests an extension of time to complete its performance, then the Director, in consultation with the CPO, may, in his or her sole discretion, extend the time so long as the extension does not exceed ninety (90) days. The extension must be in writing but does not require amendment of this Agreement. Contractor is not entitled to damages for delay(s) regardless of the cause of the delay(s).

2.04. REPORTS

2.04.1 Contractor shall submit all reports and progress updates required by the Director or CPO.

2.05 PAYMENT OF SUBCONTRACTORS

2.05.1 In accordance with the Texas Prompt Payment Act, Contractor shall make timely payments to all persons and entities supplying labor, materials, or equipment by, through or under Contractor in the performance of this Agreement.

2.05.2 CONTRACTOR SHALL DEFEND AND INDEMNIFY THE CITY FROM ANY

CLAIMS OR LIABILITY ARISING OUT OF CONTRACTOR’S FAILURE TO MAKE THESE PAYMENTS.

2.05.3 Failure of Contractor to pay its employees as required by law shall constitute a

default under this Agreement, for which Contractor and its surety shall be liable on Contractor’s performance bond if Contractor fails to cure the default as provided under this Agreement.

2.06 RELEASE

2.06.1 CONTRACTOR AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE “CITY”) FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE CITY’S SOLE OR CONCURRENT NEGLIGENCE AND/OR THE CITY’S STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY.


2.07 INDEMNIFICATION

2.07.1 CONTRACTOR AGREES TO AND SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE “CITY”) HARMLESS FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY:

2.07.1.1 CONTRACTOR’S AND/OR ITS AGENTS’, EMPLOYEES’,

OFFICERS’, DIRECTORS’, CONTRACTORS’, OR SUBCONTRACTORS’ (COLLECTIVELY IN NUMBERED SUBPARAGRAPHS 1-3, “CONTRACTOR”) ACTUAL OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS;

2.07.1.2 THE CITY’S AND CONTRACTOR’S ACTUAL OR ALLEGED

CONCURRENT NEGLIGENCE, WHETHER CONTRACTOR IS IMMUNE FROM LIABILITY OR NOT; AND

2.07.1.3 THE CITY’S AND CONTRACTOR’S ACTUAL OR ALLEGED STRICT

PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, WHETHER CONTRACTOR IS IMMUNE FROM LIABILITY OR NOT.

2.07.2 CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY

HARMLESS DURING THE TERM OF THIS AGREEMENT AND FOR FOUR YEARS AFTER THE AGREEMENT TERMINATES. CONTRACTOR’S INDEMNIFICATION IS LIMITED TO $500,000 PER OCCURRENCE. CONTRACTOR SHALL NOT INDEMNIFY THE CITY FOR THE CITY’S SOLE NEGLIGENCE.

2.08 SUBCONTRACTOR'S INDEMNITY

2.08.1 CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS (AND THEIR SUBCONTRACTORS) TO RELEASE AND INDEMNITY THE CITY TO THE SAME EXTENT AND IN SUBSTANTIALLY THE SAME FORM AS ITS RELEASE AND INDEMNITY TO THE CITY.

2.09 INDEMNIFICATION PROCEDURES

2.09.1 Notice of Claims. If the City or Contractor receives notice of any claim or circumstances which could give rise to an indemnified loss, the receiving party shall give written notice to the other party within 30 days. The notice must include the following:

2.09.1.1 A description of the indemnification event in reasonable detail,

2.09.1.2 The basis on which indemnification may be due, and

2.09.1.3 The anticipated amount of the indemnified loss.


This notice does not estop or prevent the City from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. If the City does not provide this notice within the 30-day period, it does not waive any right to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay.

2.09.2 Defense of Claims

2.09.2.1 Assumption of Defense. Contractor may assume the defense of the claim at its own expense with counsel chosen by it that is reasonably satisfactory to the City. Contractor shall then control the defense and any negotiations to settle the claim. Within 10 days after receiving written notice of the indemnification request, Contractor must advise the City as to whether or not it will defend the claim. If Contractor does not assume the defense, the City shall assume and control the defense, and all defense expenses constitute an indemnification loss.

2.09.2.2 Continued Participation. If Contractor elects to defend the claim, the City

may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor does not fund in full, (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

2.10 INSURANCE: Contractor shall provide and maintain certain insurance and

Endorsements in full force and effect at all times during the term of this Contract and any extensions thereto. Such insurance is described as follows. 2.10.1 Risks and Limits of Liability.

2.10.1.1 Contractor shall maintain the following insurance coverages in

the following amounts:

COVERAGE LIMIT OF LIABILITY

Workers' Compensation Statutory for Workers’ Compensation

Employer's Liability • Bodily Injury by Accident $500,000 (each accident) • Bodily Injury by Disease $500,000 (policy limit) • Bodily Injury by Disease $500,000 (each employee)

Commercial General Liability: Bodily and Personal Injury; Products and Completed Operations Coverage

Bodily Injury and Property Damage, Combined Limits of $1,000,000 each Occurrence, and $2,000,000 aggregate

Automobile Liability $1,000,000 combined single limit for (1) Any Auto or (2) All Owned, Hired, and Non-Owned Autos

Professional Liability (if applicable)

$1,000,000 per occurrence; $2,000,000 aggregate


Excess Liability Coverage, or Umbrella Coverage, for Commercial General Liability and Automobile Liability

$1,000,000

Aggregate Limits are per 12-month policy period unless otherwise indicated.

2.10.2 Insurance Coverage. At all times during the term of this Agreement and

any extensions or renewals, Contractor shall provide and maintain insurance coverage that meets the Agreement requirements. Prior to beginning performance under the Agreement, at any time upon the Director’s request, or each time coverage is renewed or updated, Contractor shall furnish to the Director current certificates of insurance, endorsements, all policies, or other policy documents evidencing adequate coverage, as necessary. Contractor shall be responsible for and pay (a) all premiums and (b) any claims or losses to the extent of any deductible amounts. Contractor waives any claim it may have for premiums or deductibles against the City, its officers, agents, or employees. Contractor shall also require all subcontractors or consultants whose subcontracts exceed $100,000 to provide proof of insurance coverage meeting all requirements stated above except amount. The amount must be commensurate with the amount of the subcontract, but no less than $500,000 per claim.

2.10.3 Form of insurance. The form of the insurance shall be approved by the

Director and the City Attorney; such approval (or lack thereof) shall never (a) excuse non-compliance with the terms of this Section, or (b) waive or estop the City from asserting its rights to terminate this Agreement. The policy issuer shall (1) have a Certificate of Authority to transact insurance business in Texas, or (2) be an eligible non-admitted insurer in the State of Texas and have a Best's rating of at least B+, and a Best's Financial Size Category of Class VI or better, according to the most current Best's Key Rating Guide.

2.10.4 Required Coverage. The City shall be an Additional Insured under this

Agreement, and all policies, except Professional Liability and Worker's Compensation, shall explicitly name the City as an Additional Insured. The City shall enjoy the same coverage as the Named Insured without regard to other Contract provisions. Contractor waives any claim or right of subrogation to recover against the City, its officers, agents, or employees, and each of Contractor’s insurance policies except professional liability must contain coverage waiving such claim. Each policy, except Workers’ Compensation and Professional Liability, must also contain an endorsement that the policy is primary to any other insurance available to the Additional Insured with respect to claims arising under this Contract. If professional liability coverage is written on a "claims made" basis, Contractor shall also provide proof of renewal each year for two years after substantial completion of the Project, or in the alternative: evidence of extended reporting period coverage for a period of two years after substantial completion, or a project liability policy for the Project covered by this Contract with a duration of two years after substantial completion. All certificates of insurance submitted by Contractor shall be accompanied by endorsements for 1) Additional Insured coverage in favor of the City for


Commercial General Liability and Automobile Liability policies, and 2) Waivers of Subrogation in favor of the City for Commercial General Liability, Automobile Liability and Workers’ Compensation/Employers’ Liability policies. The Director will consider all other forms on a case-by-case basis.

2.10.5 Notice. CONTRACTOR SHALL GIVE 30 DAYS’ ADVANCE WRITTEN

NOTICE TO THE DIRECTOR IF ANY OF ITS INSURANCE POLICIES ARE CANCELED OR NON-RENEWED. Within the 30-day period, Contractor shall provide other suitable policies in order to maintain the required coverage. If Contractor does not comply with this requirement, the Director, at his or her sole discretion, may immediately suspend Contractor from any further performance under this Agreement and begin procedures to terminate for default.

2.11 WARRANTIES

2.11.1 Contractor warrants that it shall perform all work in a good and workmanlike manner, meeting the standards of quality prevailing in Harris County, Texas for work of this kind. Contractor shall perform all work using trained and skilled persons having substantial experience performing the work required under this Agreement.

2.11.2 With respect to any parts and goods it furnishes, Contractor warrants:

2.11.2.1 That all items are free of defects in title, design, material, and

workmanship; 2.11.2.2 That each item meets or exceeds the manufacturer’s specifications and

requirements for the equipment, structure, or other improvement in which the item is installed;

2.11.2.3 That each replacement item is new, in accordance with original

equipment manufacturer's specifications, and of a quality at least as good as the quality of the item which it replaces (when the replaced item was new); and

2.11.2.4 That no item or its use infringes any patent, copyright, or proprietary

right. 2.12 CONFIDENTIALITY

2.12.1 Contractor, its agents, employees, contractors, and subcontractors shall hold all City information, data, and documents (collectively, the “Information”) that they receive, or to which they have access, in strictest confidence. Contractor, its agents, employees, contractors, and subcontractors shall not disclose, disseminate, or use the Information unless the Director authorizes it in writing. Contractor shall obtain written agreements from its agents, employees, contractors, and subcontractors which bind them to the terms in this Section.

2.13. USE OF WORK PRODUCTS

2.13.1 The City may use all Documents that Contractor prepares or obtains under this Agreement. In addition, the Contractor shall provide the Director with supporting


schedules, flow charts or other analysis necessary to understand the reported findings and recommendations. Generally, this information is attached as exhibits to the final report; however, if requested by the Director, Contractor shall provide this information from its work paper files.

2.13.2 Contractor warrants that it owns the copyright to the Documents.

2.13.3 Contractor shall deliver the original Documents to the Director on request. Within five working days after this Agreement terminates, Contractor shall deliver to the Director the original Documents, and all other files and materials Contractor produces or gathers during its performance under this Agreement.

2.14 LICENSES AND PERMITS

2.14.1 Contractor shall obtain, maintain, and pay for all licenses, permits, and certificates including all professional licenses required by any statute, ordinance, rule, or regulation for the performance under this Agreement. Contractor shall immediately notify the Director of any suspension, revocation, or other detrimental action against its license.

2.15 COMPLIANCE WITH LAWS

2.15.1 Contractor shall comply with all applicable state and federal laws and regulations and the City Charter and Code of Ordinances in its performance under this Agreement.

2.16 COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ORDINANCE

2.16.1 Contractor shall comply with City’s Equal Employment Opportunity Ordinance as set out in in Section 15-17 of the Code of Ordinances.

2.17 MWBE COMPLIANCE

2.17.1 Contractor shall comply with the City’s Minority and Women Business Enterprise (“MWBE”) programs as set out in Chapter 15, Article V of the City of Houston Code of Ordinances. Contractor shall make good faith efforts to award subcontracts or supply agreements in at least 3 % of the value stated in this Agreement to MWBEs. Contractor(s) are encouraged to provide meaningful participation to each subcontractor to the fullest extent of its capacity. Contractor acknowledges that it has reviewed the requirements for good faith efforts on file with the City’s Office of Business Opportunities (“OBO”) and will comply with them.

2.17.2 Contractor shall ensure that all subcontracts with MWBE subcontractors and suppliers contain the following terms:

[Name of MWBE subcontractor] shall not delegate or subcontract more than 50% of the work under this subcontract to any other subcontractor or supplier without the express written consent of the City of Houston's Office of Business Opportunity Director ("the Director"). [Name of MWBE subcontractor] shall permit representatives of the City of Houston, at all reasonable times, to perform (1) audits of the books and records of the subcontractor, and (2) inspections of all places where work is to be undertaken in connection with this subcontract. Subcontractor shall keep such books and


records available for such purpose for at least four (4) years after the end of its performance under this subcontract. Nothing in this provision shall affect the time for bringing a cause of action nor the applicable statute of limitations. Within five business days of execution of this subcontract, Contractor and Subcontractor shall designate in writing to the Director an agent for receiving any notice required or permitted to be given pursuant to Chapter 15 of the Houston City Code of Ordinances, along with the street and mailing address and phone number of such agent. Any controversy between the parties involving the construction or application of any of the terms, covenants, or conditions of this subcontract may be submitted to the Director. The Director may prescribe procedures to provide dispute resolution by neutrals in accordance with the requirements of Chapter 15 of the Houston City Code of Ordinances.

2.18. DRUG ABUSE DETECTION AND DETERRENCE

2.18.1 It is the policy of the City to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by contractors while on City Premises is prohibited. Contractor shall comply with all the requirements and procedures set forth in the Mayor’s Drug Abuse Detection and Deterrence Procedures for Contractors, Executive Order No. 1-31 (“Executive Order”), which is incorporated into this Agreement and is on file in the City Secretary’s Office.

2.18.2 Before the City signs this Agreement, Contractor shall file with the Contract Compliance Officer for Drug Testing (“CCODT”): 2.18.2.1 a copy of its drug-free workplace policy, 2.18.2.2 the Drug Policy Compliance Agreement substantially in the form set

forth in Exhibit “C,” together with a written designation of all safety impact positions and,

2.18.2.3 if applicable (e.g. no safety impact positions), the Certification of No

Safety Impact Positions, substantially in the form set forth in Exhibit “D”.

2.18.3 If Contractor files a written designation of safety impact positions with its Drug Policy Compliance Agreement, it also shall file every 6 months during the performance of this Agreement or on completion of this Agreement if performance is less than 6 months, a Drug Policy Compliance Declaration in a form substantially similar to Exhibit “E”. Contractor shall submit the Drug Policy Compliance Declaration to the CCODT within 30 days of the expiration of each 6-month period of performance and within 30 days of completion of this Agreement. The first 6-month period begins to run on the date the City issues its Notice to Proceed or, if no Notice to Proceed is issued, on the first day Contractor begins work under this Agreement.

2.18.4 Contractor also shall file updated designations of safety impact positions with the CCODT if additional safety impact positions are added to Contractor's employee work force.

2.18.5 Contractor shall require that its subcontractors comply with the Executive Order,


and Contractor shall secure and maintain the required documents for City inspection.

2.19 CONFLICTS OF INTEREST 2.19.1 If an actual or potential conflict arises between the City’s interests and the interests

of other client(s) Contractor represents, Contractor shall immediately notify the Director in writing. The City Controller shall issue a letter of consent or non-consent to Contractor's representation, potential or otherwise, of the other client(s) within 10 business days after receipt of Contractor’s notice. If the City Controller issues a non-consent letter, Contractor shall immediately terminate its representation, potential or otherwise, of the other client(s) whose interests are or may be in conflict with those of the City.

2.20. PAY OR PLAY

2.20.1 The requirements and terms of the City of Houston Pay or Play program, as set

out in Executive Order 1-7, as revised from time to time, are incorporated into this Agreement for all purposes. Contractor has reviewed Executive Order No. 1-7, as revised, and shall comply with its terms and conditions.

2.21. CONTRACTOR’S PERFORMANCE

2.21.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service-oriented and to positively and politely interact with citizens when performing contract services. Contractor's employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the Director's opinion, Contractor is not interacting in a positive and polite manner with citizens, he or she shall direct Contractor to take all remedial steps to conform to these standards

2.22. ADDITIONS AND DELETIONS

2.22.1 Additional Products and Services. Subject to the allocation of funds, the Director or CPO may add similar equipment, supplies, services or locations, within the scope of this Agreement, to the list of equipment, supplies, services or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the Director or CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be the Contractor’s normal and customary charges or rates for the equipment, supplies, services or locations classified in the Fees and Costs (Exhibit “F”).

2.22.2 Exclusion of Products and Services. If a deliverable or service that is subject to

this Agreement is deleted, lost, stolen, destroyed, damaged, sold, replaced, or otherwise disposed of, the Director or CPO may exclude it from the operation of this Agreement by notifying Contractor in writing. The notice takes effect immediately on its receipt by Contractor. More than one notice may be given. When a notice is received, Contractor shall delete the charge for the excluded deliverable or service from the sum(s) otherwise due under this Agreement.


2.22.3 The total charges for additions and deletions to this Agreement must never exceed

25% of the original contract amount unless: 2.22.3.1 The additions are exempt from the competitive bidding or proposal

requirements, set forth in Tex. Local Govt. Code Chapter 252; or 2.22.3.2 The City acquires the additions from Contractor through a competitive

bid or competitive proposal.

2.23. CHANGES

2.23.1 At any time during the Agreement Term, the Director or CPO may issue a Change Order to increase or decrease the scope of services or change plans and specifications, as he or she may find necessary to accomplish the general purposes of this Agreement. Contractor shall furnish the services or deliverables in the Change Order in accordance with the requirements of this Agreement plus any special provisions, specifications, or special instructions issued to execute the extra work.

2.23.2 The CPO or Director will issue the Change Order in substantially the following

form:

CHANGE ORDER TO: [Name of Contractor] FROM: City of Houston, Texas (the "City") DATE: [Date of Notice] SUBJECT: Change Order under the Agreement between the City and [Name

of Contractor] countersigned by the City Controller on [Date of countersignature of the Agreement]

Subject to all terms and conditions of the Agreement, the City requests that Contractor provide the following: [Here describe the additions to or changes to the equipment or services and the Change Order Charges applicable to each.] Signed: [Signature of CPO or Director]

2.23.3 The CPO or Director may issue more than one Change Order, subject to the

following limitations: 2.23.3.1 The City Council expressly authorizes the CPO or Director to approve

a Change Orders up to $50,000. A Change Order of more than $50,000 over the approved contract amount must be approved by the City Council.

2.23.3.2 If a Change Order describes items that Contractor is otherwise required

to provide under this Agreement, the City is not obligated to pay any additional money to Contractor.

2.23.3.3 The total of all Change Orders issued under this section may not


increase the Original Agreement amount by more than 25%.

2.23.4 Whenever Contractor receives a Change Order, Contractor shall furnish all material, equipment, and personnel necessary to perform the work described in the Change Order. Contractor shall complete the work within the time prescribed. If no time for completion is prescribed, Contractor shall complete the work within a reasonable time. If the work described in any Change Order causes an unavoidable delay in any other work Contractor is required to perform under this Agreement, Contractor may request a time extension for the completion of the work. The CPO’s or Director’s decision regarding a time extension is final.

2.23.5 A product or service provided under a Change Order is subject to inspection,

acceptance, or rejection in the same manner as the work described in the Original Agreement, and is subject to the terms and conditions of the Original Agreement as if it had originally been a part of the Agreement.

2.23.6 Change Orders are subject to the Allocated Funds provisions of this Agreement.

2.24 ENVIRONMENTAL LAWS

2.24.1 Contractor shall comply with all rules, regulations, statutes, or orders of the Environmental Protection Agency ("EPA"), the Texas Commission on Environmental Quality ("TCEQ"), and any other governmental agency with the authority to promulgate environmental rules and regulations (“Environmental Laws”). Contractor shall promptly reimburse the City for any fines or penalties levied against the City because of Contractor’s failure to comply with Environmental Laws.

2.24.2 Contractor shall not possess, use, generate, release, discharge, store, dispose of,

or transport any Hazardous Materials on, under, in, above, to, or from the site except in strict compliance with the Environmental Regulations. “Hazardous Materials” means any substances, materials, or wastes that are or become regulated as hazardous or toxic substances under any applicable federal, state, or local laws, regulations, ordinances, or orders. Contractor shall not deposit oil, gasoline, grease, lubricants or any ignitable or hazardous liquids, materials, or substances in the City’s storm sewer system or sanitary sewer system or elsewhere on City Property in violation of the Environmental Laws.

2.25 ANTI-BOYCOTT OF ISRAEL

2.25.1 Contractor certifies that Contractor is not currently engaged in, and agrees for the

duration of this Agreement not to engage in, the boycott of Israel as defined by Section 808.001 of the Texas Government Code.

2.26 ZERO TOLERANCE POLICY FOR HUMAN TRAFFICKING AND RELATED ACTIVITIES

2.26.1 The requirements and terms of the City of Houston’s Zero Tolerance Policy for

Human Trafficking and Related Activities, as set forth in Executive Order 1-56, as revised from time to time, are incorporated into this Agreement for all purposes. Contractor has reviewed Executive Order 1-56, as revised, and shall comply with its terms and conditions as they are set out at the time of the Countersignature Date. Contractor shall notify the CPO, City Attorney, and the Director of any information regarding possible violation by Contractor or its subcontractors


providing services or goods under this Agreement.

ARTICLE 3. DUTIES OF CITY

3.01 PAYMENT TERMS

3.01.1 Subject to all terms and conditions of this Agreement, the City agrees to pay for the services described in Exhibit “B” that are rendered by Contractor based upon monthly invoices showing the number of individual tasks and related services performed at the rates set forth in Exhibit “F”. The fees must only be paid from Allocated Funds, as provided below.

3.01.2 Early Payment Discount. The City of Houston’s standard payment term is to pay

30 days after receipt of invoice or receipt of goods or services, whichever is later, according to the requirements of the Texas Prompt Payment Act (Tex. Gov’t Code, Ch. 2251). However, the City will pay in less than 30 days in return for an early payment discount from Contractor as follows:

Payment Time - 10 Days: 2% Discount Payment Time - 20 Days: 1% Discount

3.01.3 If the City fails to make a payment according to the early payment schedule above,

but does make the payment within the time specified by the Prompt Payment Act, the City shall not receive the discount, but shall pay no other penalty. When the payment date falls on a Saturday, Sunday, or official holiday when City offices are closed and City business is not expected to be conducted, payment may be made on the following business day.

3.02 TAXES

3.02.1 The City is exempt from payment of Federal Excise and Transportation Tax and

Texas Limited Sales and Use Tax. Contractor's invoices to the City must not contain assessments of any of these taxes. The Director will furnish the City’s exemption certificate and federal tax identification number to Contractor if requested.

3.03 METHOD OF PAYMENT

3.03.1 The City shall pay on the basis of monthly invoices submitted by the Contractor and approved by the Director showing the services performed and the attendant fee. The City shall make payment to the Contractor within thirty (30) days of the receipt and approval by the City of such invoices. If the City disputes any item in an invoice Contractor submits for any reason, including lack of supporting documentation, the Director shall temporarily delete the disputed item and pay the remainder of the invoice. The Director shall promptly notify the Contractor of the dispute and request remedial action. After any dispute is settled, the Contractor shall include the disputed amount on a subsequent regularly scheduled invoice or on a special invoice for the disputed item only.

3.04 LIMIT OF APPROPRIATION

3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section.


3.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and

Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies:

3.04.2.1 The City makes a Supplemental Allocation by issuing to Contractor a

Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council.

NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS

By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This supplemental allocation has been charged to such appropriation.

$ _____________

3.04.2.2 The Original Allocation plus all Supplemental Allocations are the

“Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

3.05 ACCESS TO SITE

3.05.1 Contractor may enter and leave the premises at all reasonable times without charge. Contractor and its employees may use the common areas and roadways of the premises where it is to perform the services together with all facilities, equipment, improvements, and services provided in connection with the premises for common use. This excludes parking for Contractor’s personnel. Contractor shall repair any damage caused by it or its employees as a result of its use of the common areas.

3.06 ACCESS TO DATA

3.06.1 The City shall, to the extent permitted by law, allow Contractor to access and make copies of documents in the possession or control of the City or available to it that are reasonably necessary for Contractor to perform under this Agreement.

3.06.2 The City does not, however, represent that all existing conditions are fully


documented, nor is the City obligated to develop new documentation for Contractor’s use.

3.06.3 For any raw data created, assembled, used, maintained, collected, or stored by

the Contractor for or on behalf of the City, Contractor shall provide the City either the raw data itself or the ability to extract the raw data in a format mutually agreed upon by both parties at no additional cost to the City.

ARTICLE 4. TERM AND TERMINATION

4.01. AGREEMENT TERM

4.01.1 This Agreement is effective on the Countersignature Date and shall remain in effect for ____ ( ___ ) years, unless sooner terminated under this Agreement (“Initial Term”).

4.02 NOTICE TO PROCEED

4.02.1 Contractor shall begin performance under this Agreement on the date specified in a Notice to Proceed from the CPO or Director.

4.03. RENEWALS

4.03.1 Upon expiration of the Initial Term, and so long as the City makes sufficient supplemental allocations, this Agreement will be automatically renewed for ______ successive one-year term on the same terms and conditions. If the Director chooses not to renew this Agreement, he/she shall notify Contractor and the CPO of non-renewal at least 30 days before the expiration of the then-current term.

4.04. TERMINATION FOR CONVENIENCE BY CITY

4.04.1 The Director may terminate this Agreement at any time by giving 30 days’ written notice to Contractor, with a copy of the notice to the CPO. The City’s right to terminate this Agreement for convenience is cumulative of all rights and remedies, which exist now or in the future.

4.04.2 On receiving the notice, Contractor shall, unless the notice directs otherwise,

immediately discontinue all services under this Agreement and cancel all existing orders and subcontracts that are chargeable to this Agreement. As soon as practicable after receiving the termination notice, Contractor shall submit an invoice showing in detail the services performed under this Agreement up to the termination date. The City shall then pay the fees to Contractor for services actually performed, but not already paid for, in the same manner as prescribed in this Agreement unless the fees exceed the allocated funds remaining under this Agreement.

4.04.3 TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR

SERVICES RENDERED ARE CONTRACTOR’S ONLY REMEDIES FOR THE CITY’S TERMINATION FOR CONVENIENCE, WHICH DOES NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. CONTRACTOR WAIVES ANY CLAIM (OTHER THAN ITS CLAIM FOR PAYMENT AS SPECIFIED IN THIS SECTION), IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE CITY’S TERMINATION FOR


CONVENIENCE.

4.05. TERMINATION FOR CAUSE BY CITY

4.05.1 If Contractor defaults under this Agreement, the Director may terminate this Agreement after providing Contractor written notice and an opportunity to cure the default as provided below. The City’s right to terminate this Agreement for Contractor’s default is cumulative of all rights and remedies, which exist now or in the future. Default by Contractor occurs if:

4.05.1.1 Contractor fails to perform any of its material duties under this

Agreement; 4.05.1.2 Contractor becomes insolvent; 4.05.1.3 All or a substantial part of Contractor’s assets are assigned for the

benefit of its creditors; or 4.05.1.4 A receiver or trustee is appointed for Contractor.

4.05.2 If a default occurs and the Director determines that the City wishes to terminate

the Agreement, then the Director must deliver a written notice to Contractor, describing the default and the proposed termination date, with a copy of the notice to the CPO. The date must be at least thirty (30) days after Contractor receives notice. The Director, at his or her sole option, may extend the termination date to a later date. If Contractor cures the default before the proposed termination date, then the proposed termination is ineffective. If Contractor does not cure the default before the termination date, then the Director may terminate this Agreement on the termination date, at no further obligation of the City.

4.05.3 To effect final termination, the Director must notify Contractor in writing, with a copy

of the notice to the CPO. After receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, and promptly cancel all orders or subcontracts chargeable to this Agreement.

4.06 TERMINATION FOR CAUSE BY CONTRACTOR

4.06.1 Contractor may terminate its performance under this Agreement only if the City

defaults and fails to cure the default after receiving written notice of it. Default by the City occurs if the City fails to perform one or more of its material duties under this Agreement. If a default occurs and Contractor wishes to terminate the Agreement, then Contractor must deliver a written notice to the Director describing the default and the proposed termination date. The date must be at least 30 days after the Director receives the notice. Contractor, at its sole option, may extend the proposed termination date to a later date. If the City cures the default before the proposed termination date, then the proposed termination is ineffective. If the City does not cure the default before the proposed termination date, then Contractor may terminate its performance under this Agreement on the termination date

4.07. REMOVAL OF CONTRACTOR OWNED EQUIPMENT AND MATERIALS

4.07.1 Upon expiration or termination of this Agreement, Contractor is permitted ten (10)


days within which to remove contractor-owned material and equipment from the City’s premises. This City shall make such material and equipment readily available to Contractor. The time period may be extended upon approval by the Director. The City reserves the right to deny any extension of time.

ARTICLE 5. MISCELLANEOUS

5.01 INDEPENDENT CONTRACTOR

5.01 Contractor shall perform its obligations under this Agreement as an independent contractor and not as an employee of the City.

5.02 FORCE MAJEURE

5.02.1 Timely performance by both parties is essential to this Agreement. However, neither party is liable for reasonable delays in performing its obligations under this Agreement to the extent the delay is caused by Force Majeure that directly impacts the City or Contractor. The event of Force Majeure may permit a reasonable delay in performance but does not excuse a party’s obligations to complete performance under this Agreement. Force Majeure means: fires, interruption of utility services, epidemics in the City, floods, hurricanes, tornadoes, ice storms and other natural disasters, explosions, war, terrorist acts against the City or Contractor, riots, strikes, court orders, and the acts of superior governmental or military authority, and which the affected party is unable to prevent by the exercise of reasonable diligence. The term does not include any changes in general economic conditions such as inflation, interest rates, economic downturn or other factors of general application; or an event that merely makes performance more difficult, expensive or impractical. Force Majeure does not entitle Contractor to extra reimbursable expenses or payment.

5.02.2 This relief is not applicable unless the affected party does the following:

5.02.2.1 uses due diligence to remove the effects of the Force Majeure as quickly

as possible and to continue performance notwithstanding the Force Majeure; and

5.02.2.2 provides the other party with prompt written notice of the cause and its

anticipated effect.

5.02.3 The Director will review claims that a Force Majeure that directly impacts the City or Contractor has occurred and render a written decision within 14 days.

5.02.4 The City may perform contract functions itself or contract them out during periods

of Force Majeure. Such performance is not a default or breach of this Agreement by the City.

5.02.5 If the Force Majeure continues for more than 7 days from the date performance is

affected, the Director may terminate this Agreement by giving 7 days’ written notice to Contractor. This termination is not a default or breach of this Agreement. CONTRACTOR WAIVES ANY CLAIM IT MAY HAVE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE TERMINATION EXCEPT FOR AMOUNTS DUE UNDER THE AGREEMENT UP TO THE TIME THE WORK IS HALTED DUE TO FORCE MAJEURE.


5.03 SEVERABILITY

5.03.1 If any part of this Agreement is for any reason found to be unenforceable, all other parts remain enforceable unless the result materially prejudices either party.

5.04 ENTIRE AGREEMENT

5.04.1 This Agreement merges the prior negotiations and understandings of the Parties and embodies the entire agreement of the Parties with respect to this subject matter hereof. No other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind, exist between the Parties regarding this Agreement.

5.05 WRITTEN AMENDMENT

5.05.1 Unless otherwise specified elsewhere in this Agreement, this Agreement may be amended only by written instrument executed on behalf of the City (by authority of an ordinance adopted by the City Council) and Contractor. The Director is only authorized to perform the functions specifically delegated to him or her in this Agreement.

5.06 APPLICABLE LAWS

5.06.1 This Agreement is subject to the laws of the State of Texas, the City Charter and

Code of Ordinances, the laws of the federal government of the United States, and all rules and regulations of any regulatory body or officer having jurisdiction.

5.06.2 Venue for any litigation relating to this Agreement is Harris County, Texas.

5.07 NOTICES

5.07.1 All notices to either party to the Agreement must be in writing and must be

delivered by hand, facsimile, United States registered or certified mail, return receipt requested, United States Express Mail, Federal Express, UPS or any other national overnight express delivery service. The notice must be addressed to the party to whom the notice is given at its address set out in Article 1 of this Agreement or other address the receiving party has designated previously by proper notice to the sending party. Postage or delivery charges must be paid by the party giving the notice.

5.08 CAPTIONS

5.08.1 Captions contained in this Agreement are for reference only, and, therefore, have

no effect in construing this Agreement. The captions are not restrictive of the subject matter of any section in this Agreement.

5.09 NON-WAIVER

5.09.1 If either party fails to require the other to perform a term of this Agreement, that

failure does not prevent the party from later enforcing that term and all other terms. If either party waives the other’s breach of a term, that waiver does not waive a later breach of this Agreement.


5.09.2 An approval by the Director, or by any other employee or agent of the City, of any part of Contractor’s performance does not waive compliance with this Agreement or establish a standard of performance other than that required by this Agreement and by law. The Director is not authorized to vary the terms of this Agreement.

5.10 INSPECTIONS AND AUDITS

5.10.1 City representatives may perform, or have performed, (1) audits of Contractor’s books and records, and (2) inspections of all places where work is undertaken in connection with this Agreement. Contractor shall keep its books and records available for this purpose for at least three years after this Agreement terminates. If the books and records are located outside of Harris County, Texas, Contractor agrees to make them available in Harris County, Texas. This provision does not affect the applicable statute of limitations.

5.11 ENFORCEMENT

5.11.1 The City Attorney or his or her designee may enforce all legal rights and obligations under this Agreement without further authorization. Contractor shall provide to the City Attorney all documents and records that the City Attorney requests to assist in determining Contractor’s compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.

5.12 AMBIGUITIES

5.12.1 If any term of this Agreement is ambiguous, it shall not be construed for or against any party on the basis that the party did or did not write it.

5.13 SURVIVAL

5.13.1 Contractor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extend beyond the expiration or termination of this Agreement, including but not limited to, the indemnity provisions.

5.14 PUBLICITY

5.14.1 Contractor shall make no announcement or release of information concerning this Agreement unless the release has been submitted to and approved, in writing, by the Director.

5.15 PARTIES IN INTEREST

5.15.1 This Agreement does not bestow any rights upon any third party, but binds and benefits the City and Contractor only.

5.16 SUCCESSORS AND ASSIGNS

5.16.1 This Agreement binds and benefits the Parties and their legal successors and permitted assigns; however, this provision does not alter the restrictions on assignment and disposal of assets set out in the following paragraph. This Agreement does not create any personal liability on the part of any officer or agent of the City.

5.17 BUSINESS STRUCTURE AND ASSIGNMENTS


5.17.1 Contractor shall not assign this Agreement at law or otherwise or dispose of all or

substantially all of its assets without the Director’s prior written consent. Nothing in this clause, however, prevents the assignment of accounts receivable or the creation of a security interest under Section 9.406 of the Texas Business & Commerce Code. In the case of such an assignment, Contractor shall immediately furnish the Director and CPO with proof of the assignment and the name, telephone number, and address of the Assignee and a clear identification of the fees to be paid to the Assignee.

5.17.2 Contractor shall not delegate any portion of its performance under this Agreement without the Director’s prior written consent.

5.18 REMEDIES CUMULATIVE

5.18.1 Unless otherwise specified elsewhere in this Agreement, the rights and remedies contained in this Agreement are not exclusive, but are cumulative of all rights and remedies that exist now or in the future. Neither party may terminate its duties under this Agreement except in accordance with its provisions.

5.19 CONTRACTOR DEBT

5.19.1 IF CONTRACTOR, AT ANY TIME DURING THE TERM OF THIS AGREEMENT, INCURS A DEBT, AS THE WORD IS DEFINED IN SECTION 15-122 OF THE HOUSTON CITY CODE OF ORDINANCES, IT SHALL IMMEDIATELY NOTIFY THE CITY CONTROLLER IN WRITING. IF THE CITY CONTROLLER BECOMES AWARE THAT CONTRACTOR HAS INCURRED A DEBT, HE OR SHE SHALL IMMEDIATELY NOTIFY CONTRACTOR IN WRITING. IF CONTRACTOR DOES NOT PAY THE DEBT WITHIN 30 DAYS OF EITHER SUCH NOTIFICATION, THE CITY CONTROLLER MAY DEDUCT FUNDS IN AN AMOUNT EQUAL TO THE DEBT FROM ANY PAYMENTS OWED TO CONTRACTOR UNDER THIS AGREEMENT, AND CONTRACTOR WAIVES ANY RECOURSE THEREFOR. CONTRACTOR SHALL FILE A NEW AFFIDAVIT OF OWNERSHIP, USING THE FORM DESIGNATED BY CITY, BETWEEN FEBRUARY 1 AND MARCH 1 OF EVERY YEAR DURING THE TERM OF THIS AGREEMENT.

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EXHIBIT “A”

DEFINITIONS

In addition to the words and terms defined elsewhere in this Agreement, the following terms have the meanings set out below. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular include the plural. The word “shall” is always mandatory and not merely permissive.

1. “Agreement” means this contract between the Parties, including all exhibits and any

written amendments authorized by City Council and Contractor.

2. “Business Day” means any calendar day except Saturdays, Sundays and full-day holidays for employees of the City (as designated by City Council).

3. “Chief Procurement Officer” (CPO) means the Chief Procurement Officer of the City of Houston, as set forth in Chapter 15 of the Houston Code of Ordinances.

4. “City” is defined in the preamble of this Agreement and includes its successors and permitted assigns.

5. “Contractor” is defined in the preamble of this Agreement and includes its successors and assigns.

6. “Countersignature Date” means the date shown as the date countersigned on the signature page of this Agreement.

7. “Director” means the Director of the City of Houston ______________ Department or such other person as he or she designates.

8. “Documents” mean notes, manuals, notebooks, plans, computations, computer databases and diskettes, software, tabulations, exhibits, reports, underlying data, charts, analyses, maps, letters, models, forms, photographs, the original tracings of all drawings and plans, and other work products (and any modifications or improvements to them) that Contractor prepares or provides under this Agreement.

9. “Effective Date” means the date this Agreement is countersigned by the City Controller.

10. “Notice to Proceed” means a written communication from the Director or the CPO to Contractor instructing Contractor to begin performance.

11. “Parties” means all the entities set out in the Preamble who are bound by this Agreement.


EXHIBIT “B”

SCOPE OF SERVICES & SPECIFICATIONS


EXHIBIT “C”

DRUG POLICY COMPLIANCE AGREEMENT I, , ,

(Name) (Title) as an owner or officer of _______________________________________________ (Contractor)

(Name of Company) have authority to bind Contractor with respect to its bid, offer or performance of any and all contracts it may enter into with the City of Houston; and that by making this Agreement, I affirm that the Contractor is aware of and by the time the contract is awarded will be bound by and agree to designate appropriate safety impact positions for company employee positions, and to comply with the following requirements before the City issues a notice to proceed:

1. Develop and implement a written Drug Free Workplace Policy and related drug testing procedures for the Contractor that meet the criteria and requirements established by the Mayor's Amended Policy on Drug Detection and Deterrence (Mayor's Drug Policy) and the Mayor's Drug Detection and Deterrence Procedures for Contractors (Executive Order No. 1-31).

2. Obtain a facility to collect urine samples consistent with Health and Human

Services (HHS) guidelines and a HHS certified drug testing laboratory to perform the drug tests.

3. Monitor and keep records of drug tests given and the results; and upon request

from the City of Houston, provide confirmation of such testing and results.

4. Submit semi-annual Drug Policy Compliance Declarations. I affirm on behalf of the Contractor that full compliance with the Mayor's Drug Policy and Executive Order No. 1-31 is a material condition of the contract with the City of Houston. I further acknowledge that falsification, failure to comply with or failure to timely submit declarations and/or documentation in compliance with the Mayor's Drug Policy and/or Executive Order No. 1-31 will be considered a breach of the contract with the City and may result in non-award or termination of the contract by the City of Houston. _____________________ _______________________________ Date Contractor Name _______________________________ Signature _____________________________ Title


EXHIBIT “D”

CONTRACTOR'S CERTIFICATION OF NO SAFETY IMPACT POSITIONS IN PERFORMANCE OF A CITY CONTRACT

I, , ,

(Name) (Title) as an owner or officer of _______________________________________________ (Contractor)

(Name of Company) have authority to bind the Contractor with respect to its bid, and hereby certify that Contractor has no employee safety impact positions, as defined in §5.17 of Executive Order No. 1-31, that will be involved in performing ___________________________________________________________________.

(Project) Contractor agrees and covenants that it shall immediately notify the City of Houston Director of Human Resources if any safety impact positions are established to provide services in performing this City Contract. _________________ _____________________________________ (Date) (Typed or Printed Name)

______________________________________

(Signature)

______________________________________

(Title)


EXHIBIT “E”

DRUG POLICY COMPLIANCE DECLARATION I, _________________________________________________________________ as an owner or

(Name) (Print/Type) (Title) officer of _____________________ (Contractor) (Name of Company), have personal knowledge and full authority to make the following declarations: This reporting period covers the preceding 6 months from to , . ________ Initials

A written Drug Free Workplace Policy has been implemented and employees notified. The Policy meets the criteria established by the Mayor's Amended Policy on Drug Detection and Deterrence (Mayor's Policy).

________ Initials

Written drug testing procedures have been implemented in conformity with the Mayor's Drug Detection and Deterrence Procedures for Contractors, Executive Order No. 1-31. Employees have been notified of such procedures.

________ Initials

Collection/testing has been conducted in compliance with federal Health and Human Services (HHS) guidelines.

________ Initials

Appropriate safety impact positions have been designated for employee positions performing on the City of Houston contract. The number of employees in safety impact positions during this reporting period is ____.

________ Initials

From ______ [Start date] to ______ [End date] the following test has occurred:

Random

Reasonable Suspicion

Post Accident

Total

Number Employees Tested

________

_________

_________

______

Number Employees Positive

________

_________

_________

______

Percent Employees Positive

________

_________

_________

______

________ Initials

Any employee who tested positive was immediately removed from the City worksite consistent with the Mayor's Policy and Executive Order No. 1-31.

________ Initials

I affirm that falsification or failure to submit this declaration timely in accordance with established guidelines will be considered a breach of contract.

I declare under penalty of perjury that the affirmations made herein and all information contained in this declaration are within my personal knowledge and are true and correct. _________________ _____________________________________ (Date) (Typed or Printed Name)

______________________________________ (Signature) ______________________________________ (Title)


EXHIBIT “F”

FEES AND COSTS

SPECIAL INSTRUCTIONS TO OFFEROR(S) · SPECIAL INSTRUCTIONS TO OFFEROR(S) SOLICITATION NO. S74-26558...

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Transcript of SPECIAL INSTRUCTIONS TO OFFEROR(S) · SPECIAL INSTRUCTIONS TO OFFEROR(S) SOLICITATION NO. S74-26558...