HomeMy WebLinkAboutC2020-147 - 4/21/2020 - ApprovedSUPPLY AGREEMENT NO. 2700
Sodium Hypochlorite
THIS Sodium Hypochlorite Supply Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home -rule municipal corporation ("City")
and Brenntag Southwest, Inc. ("Contractor"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Sodium Hypochlorite in response to
Request for Bid No. 2700 ("RFB"), which RFB includes the required scope of work and
all specifications and which RFB and the Contractor's bid response are incorporated
by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully
set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Sodium Hypochlorite in accordance with the
attached Scope of Work, as shown in Attachment A, the content of which is
incorporated by reference into this Agreement as if fully set out here in its entirety.
"Goods," "products", and "supplies", as used in this Agreement, refer to and have
the same meaning.
2. Term. This Agreement is for two years. The parties may mutually extend the term
of this Agreement for up to zero additional zero -year periods ("Option Period(s)"),
provided, the parties do so by written amendment prior to the expiration of the
original term or the then -current Option Period. The City's extension authorization
must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$5,440,294.52, subject to approved extensions and changes. Payment will be
made for goods delivered and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. Contractor shall
invoice no more frequently than once per month. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City's discretion, be allocated for use in the next option
period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Supply Agreement Standard Form
Approved as to Legal Form November 11, 2019
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SCANNED
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Joanna Moreno
Department: Utilities Department
Phone: (361) 826-1649
Email: JoannaM@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the 001 must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple -release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item's bid price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
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8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering Tess than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non -Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discrefion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discrefion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or in an attachment to this
Agreement. In using subcontractors, the Contractor is responsible for all their acts
and omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a 001 in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
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13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand -delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Joanna Moreno
Title: Contracts/Fund Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361) 826-1649
Fax: (361) 826-1715
IF TO CONTRACTOR:
Brenntag Southwest, Inc.
Attn: W. Thomas Crain, Jr.
Title: President
Address: 704 E. Wintergreen Road, Lancaster, Texas 77154
Phone: (972) 218-3500
Fax: (972) 218-3501
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
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WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
21. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
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operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
23. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
25. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
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Approved as to Legal Form November 11, 2019
CONTRACTOR
Signature:
Printed Name: W. Thomas Crain, Jr.
Title: President
Date: March 11, 2020
CITY OF CORPUS CHRISTI
Kim Baker
Director of Contracts and Procurement
Date: Li. 2Z . 20 ZO
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. 2700
Exhibit 2: Contractor's Bid Response
ATTEST:
RE:ECCA HUERTAy
CITY SECRETARY
�s�} 7� pU 1liUKi«•
SECRETARY, 3S
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Approved as to Legal Form November 11, 2019
1.1
1.2
1.3
Revised
Attachment A- Scope of Work
General Requirements/Background Information
A. The Contractor shall supply 10-15% Sodium Hypochlorite aqueous solution per the
specification outlined in this Scope of work.
B. The Sodium Hypochlorite will be used by the Waste and Wastewater Treatment
plant to disinfect water and wastewater.
Sodium Hypochlorite Aqueous Solution Specification
Sodium Hypochlorite Aqueous Solution
Weight
Sodium Hypochlorite concentration
10-15%
Sodium chloride concentration
5-13%
Sodium hydroxide concentration
<0.5%
Iron contamination, mg/L
<2
Copper contamination, mg/L
<1
pH
12.5- 13.5
Order Placement and Delivery
A. The City of Corpus Christi will place order by telephone or email. The Contractor
shall deliver ordered quantity within 24 hours of order placement. No minimum
or maximum purchase of Sodium Hypochlorite is guaranteed by the City within
the duration of the Contract.
B. The Contractor shall deliver Sodium Hypochlorite solution in approximately 4,000
gallons to maximum 16,000 gallon Tots to the following locations:
• Broadway Treatment Plant - 801 Resaca, Corpus Christi, TX
• Oso Treatment Plant - 601 Nile, Corpus Christi, TX
• Allison Treatment Plant - 4101 Allison Drive, Corpus Christi, TX
• Laguna Madre Treatment Plant - 201 Jester, Corpus Christi, TX
C. The Contractor shall deliver 10% Sodium Hypochlorite Solution in 1,100-gallon
one-way totes at Sand Dollar pump station located at 14201 Sand Dollar
Avenue, Corpus Christi, TX
D. The Contractor shall deliver 12.5% Sodium Hypochlorite solution in bulk at Staples
Pump Station located at 5501 County Road 43, Corpus Christi, TX
E. The Contractor shall provide a chemical analysis for each chemical shipment,
which shall include % sodium hypochlorite by weight, % available chlorine by
weight, % excess sodium hydroxide by weight, specific gravity of the solution,
and general appearance as outlined in the specifications with each delivery.
4.4.19
F. The Contractor must provide an affidavit of compliance to the City of Corpus
Christi stating that at the time of delivery the chemical furnished under the
release order complies with all applicable requirements of this specification.
G. Sodium Hypochlorite solution must comply with all requirements and standards
of the Occupational Safety and Health Act (OSHA). All appropriate markings
shall be in place before delivery. Sodium Hypochlorite solution not meeting
OSHA specifications will be refused.
H. The Contractor shall responsible for unloading the chemical. The Contractor shall
provide any special equipment necessary for unloading including but not limited
to hoses, connections, and compressor.
I. The Contractor drivers must be thoroughly trained and familiar with the related
hazards, safety measures, and spill cleanup procedures for sodium hypochlorite
solution. All spills and leakage, regardless of size must be properly and
immediately cleaned up by Contractor personnel. The Contractor shall be
required to respond to any and all such emergencies within eight hours of being
notified.
J. Deliveries shall be made between 8:00 AM through 5:00 PM, Monday through
Friday, excluding holidays, unless specific arrangement are made otherwise.
K. Before delivery, the Contractor must weigh a shipment on a state certified truck
scale located within the city limits of Corpus Christi and after unloading at the
wastewater treatment plant.
L. The Contractor shall email legible copy of each chemical shipment weight to
the Contract Administrator within five business days of delivery of the chemical.
Payment will not be processed unless requirement is met.
M. The Plant supervisor may reject any chemical shipment that contain a
concentration of any component outside the allowable concentration range as
specified in the product specifications.
1.4 Testing
The Contract Administrator or Plant supervisor may take a sample of any chemical
shipment for testing prior to unloading. In addition, approximately every three
months during the term of the contract, the City will take a random sample of the
chemical upon delivery. The sample will be sent to an independent laboratory
chosen by the City and tested for all items outlined in the product specifications.
1.5 Invoicing
A. The Contractor shall bill based on the actual gallon delivered. The Contractor
shall attach signed delivery ticket along with the invoice and quantity for each
chemical shipment on local certified weight tickets for the delivery of Sodium
Hypochlorite solution, by weight in pounds, based on actual percentage of
available chlorine by weight, as indicated in the chemical analysis for that load.
B. The Contractor must submit the chemical analysis, weight ticket, and bill of lading
with each invoice.
Revised 4.4.19
1.6 Training
Prior to initial use of the Sodium Hypochlorite solution and annually thereafter, the
contractor shall conduct a minimum of two training seminars for the City's operating
personnel on the application and control of the Sodium Hypochlorite solution and
shall include the following:
• Basic chemical properties of the Sodium Hypochlorite solution
• Safety Training
• Equipment operation/setup
• Safety data sheet
1.7 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
Revised 4.4.19
Attachment B - Bid Pricing/Schedule
Date: January 24, 2020
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
DEPARTMENT
BID FORM
RFB No. 2700
Sodium Hypochlorite
PAGE 1 OF 2
Authorized
Bidder: Brenntag Southwest, Inc. Signature: vV. 9/L _
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the purpose
of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
e. The Contractor shall provide unit price per gallon for the Sodium Hypochlorite
solution. The unit price shall be based on two hours of unloading time for each
shipment, starting from the time the load enters the plant site to the time unloading
of the chemical is completed.
f. Unloading of the chemical is complete when unloading apparatus is disconnected
from storage facilities and secured and a designated City of Corpus Christi
representative has signed all delivery tickets for each respective load.
g. Any unloading time in excess of two hours which is directly attributable to the City
will be paid for at the unit price bid for Unloading Delays rounded to the nearest
quarter hour. This amount shall be included with the invoice for payment for that
load of chemical.
Item
Location
Chemical with
Concentration
UOM
Estimated
Two-year
Usage
Unit Price
Total Price
1
Broadway
Plant
Sodium
Hypochlorite
10-15%
GAL
846,110
$0.5766/GaI
$487,867.03
2
Oso Plant
Sodium
Hypochlorite
10-15%
GAL
7,000,000
$0.5766/Gal
$4,036,200.00
3
Allison Plant
Sodium
Hypochlorite
10-15%
GAL
438,120
$0.5766/GaI
$252,619.99
4
Laguna
Madre
Plant
Sodium
Hypochlorite
yp
10-15%
GAL
375,000
$0.5766/GaI
$216,225.00
5
Sand Dollar
Pump
Station
Sodium
Hypochlorite
10%
GAL
144,000
$2.33/Gal
$335,520.00
6
Staples
Pump
Station
Sodium
Hypochlorite
12.5%
GAL
187,500
$0.5766/Gal
$108,112.50
7
Unloading
Delay
Hours
50
$75.00/Hour
$3,750.00
Total
$5,440,294.52
Attachment C - Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained_and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator
one (1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation endorsement is required on GL, AL and WC if applicable.
Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -day advance written notice of
cancellation, non -renewal, material
change or termination required on all
certificates and policies.
Bodily Injury and Property Damage
Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY
including:
1. Commercial Broad Form
2. Premises - Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1. Owned
2. Hired and Non -Owned
3. Rented/Leased
$1,000,000 Combined Single Limit
WORKERS'S COMPENSATION
(All States Endorsement if Company is not
domiciled in Texas)
Employers Liability
Statutory
$500,000/$500,000/$500,000
POLLUTION LIABILITY
$1,000,000 Per Occurrence
C. In the event of accidents of any kind related to this contract, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in statutory amounts
according to the Texas Department of Insurance, Division of Workers'
Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Contractor's sole
expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas
and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of
the policy expiration dates. All notices under this Exhibit shall be given to
City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations, and
activities of or on behalf of the named insured performed under contract with
the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non -renewal, material change or termination in coverage and not
Tess than ten (10) calendar days advance written notice for nonpayment of
premium.
E. Within five (5) calendar days of a cancellation, non -renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages fo persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2019 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services- Services Performed Onsite- Pollution
04/26/2019 Risk Management - Legal Dept.
Attachment D - Warranty Requirements
Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement.