HomeMy WebLinkAboutC2023-040 - 3/28/2023 - Approved DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
al C1
o SUPPLY AGREEMENT NO. 4446
Liquid Ammonium Sulfate
Y�2
This Liquid Ammonium Sulfate ("Agreement") is entered into by and between the
City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting by and
through its City Manager or his designee ("City Manager"), and Chemtrade Chemicals
US, LLC ("Contractor"), and is effective upon execution by the City Manager.
WHEREAS, Contractor has agreed to provide Liquid Ammonium Sulfate in
accordance with the terms of this Agreement, such product being vital and necessary
to preserve or protect the public health or safety of the City's residents.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor shall provide Liquid Ammonium Sulfate 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 as the item identified in this section.
2. Term. The Term of this Agreement is one year beginning on the date provided in
the Notice to Proceed ("NTP") from the Contract Administrator or the City's
Procurement Division. The parties may mutually renew the term of this Agreement
for up to one additional one-year period ("Option Period"), provided, the parties
do so in writing prior to the expiration of the original term or the then-current
Option Period.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$790,532.00 for the initial term and for an amount not to exceed $1,144,532.00 for
the Option Period should the parties mutually so exercise it, subject to approved
extensions and changes, for a combined potential amount of up to $1,935,064.00.
Payment will be made for goods delivered and accepted by the City within 30
days of acceptance, subject to receipt of an acceptable invoice. Any amount
not expended during the initial term or any Option Period may, at the City's
discretion, be allocated for use in a future Option Period.
Pricing offer for bulk deliveries, as opposed to annual fixed pricing, is pricing that
is aligned with the pricing Contractor receives from its supplier on dry ammonium
sulfate. For the term of this Agreement, the unit price of the product shall be a
fixed price for liquid ammonium sulfate 40% bulk ("LAS") for six-month periods. The
price adjustment dates are March 1 st and September 1 st of each calendar year
(each being an "Adjustment Date"), excluding March 1 st of the initial calendar
year of this Agreement. A price adjustment calculation will be established on or
Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 1 of 8
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
about July 15th and January 15th of each calendar year (each being an
"Adjustment Calculation Date") for the new pricing term, and such adjustment
amount shall be calculated by the Contractor as follows:
(A) On the Friday before an Adjustment Calculation Date, Contractor shall
record the prices per short ton of standard dry ammonium sulfate as shown on (i)
the Green Markets Publication—Southern Plains ("Weekly Southern Plains Price")
and (ii) the Argus Market Report Houston/Pasadena ("Weekly Houston/Pasadena
Price"). A copy of the applicable pricing page from each report will be provided
by the Contractor upon request of the Contract Administrator.
(B) On the Adjustment Calculation Date, Contractor shall calculate the price for
bulk FOB/ST for dry ammonium sulfate for the next pricing term of the Agreement
by performing the following calculation:
Step 1: On the Adjustment Calculation Date, the Weekly Southern Plains
Price and the Weekly Houston/Pasadena Price shall be added
together and divided by two (in order to average the index costs)
to arrive at the new dry material averaged index price.
Step 2: The new dry material averaged index price will next have the
previous dry material averaged index price subtracted from it in
order to determine the change in cost of the dry material.
Step 3: This cost change in the dry material will then be multiplied by 40%to
reach the adjustment to the LAS unit price per ton for the next pricing
term.
(C) The unit price will decrease or increase according to the cost change.
Notice of a change in the unit price shall be provided by the Contractor. For
illustrative purposes, a pricing example is included, with "T" meaning a ton, as
follows:
January, 2023: dry material averaged index price is $5505
March 1, 2023: LAS price delivered to City is $345/T
July, 2023: dry material averaged index price is $600/T
$600/T - $550/T = $50/T change in averaged index price for dry
material
$50/T change x 40% (percentage dry material in LAS) _ $20/T LAS
product price adjustment to be implemented
The new unit price per ton, effective September 1, 2023, is the March
1St price of $345/T + product price adjustment of $20/T = new LAS unit
price of$365/T.
Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 2 of 8
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
In no event can the total compensation during the initial term, or Option Period if
mutually exercised, exceed the maximum amount provided in this Agreement
without a validly executed amendment as required by Section 13 below.
Invoices must be mailed to the following address, along with a copy provided to
the Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Diana Zertuche-Garza
Corpus Christi Water
(361) 826-1827
DianaZ@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) No bonds are required for this Agreement.
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.
Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 3 of 8
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
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.
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 Attachment B are
estimates only and do not obligate the City to order or accept more than the
City's actual requirements nor do the estimates restrict the City from ordering less
than its actual needs during the term of the Agreement and including any Option
Period. Substitutions and deviations from the City's product requirements or
specifications are prohibited without the prior written approval of the Contract
Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor shall 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
employee, representative, or agent of the Contractor be considered an
employee of the City.
12. Subcontractors. In providing the products, Contractor shall not enter into
subcontracts or utilize the services of subcontractors.
Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 4 of 8
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
13. Amendments. This Agreement may be amended or modified only in writing and
executed by an authorized representative of each party, and City Council
approval may be required. Unit price changes, pursuant to Section 3 of this
Agreement, are intended to occur as outlined in that section and are an
exception to the required signed writing by 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, return receipt requested, 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: Diana Zertuche-Garza
Contract/Funds Administrator
13101 Leopard Street, Corpus Christi, Texas 78410
(361) 826-1827
Fax: (361) 826-4495
IF TO CONTRACTOR:
Chemtrade Chemicals US, LLC
Attn: Christine LaSala
Price & Bid Specialist
90 East Halsey Road, Suite 200 Parsippany, NJ 07054
(973) 515-0900
Fax: (973) 515-4461
17. Contractor shall fully indemnify, hold harmless and defend the City of
Corpus Christi and its officers, employees and agents ("Indemnitees")
from and against any and all liability, loss, claims, demands, suits, and
causes of action of whatever nature, character, or description on
account of personal injuries, property loss, or damage, or any other
kind of injury, loss, or damage, including all expenses of litigation,
court costs, attorneys' fees and expert witness fees, which arise or are
claimed to arise out of or in connection with a breach of this
Agreement or the performance of this Agreement by the Contractor
Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 5 of 8
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
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 reasonably 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 may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City 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 may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days' advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours advance 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. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
22. 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
Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 6 of 8
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
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.
23. 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; then,
C. Its exhibits, if any.
24. 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.
25. Governing Law. Contractor agrees to comply with all federal,Texas, and City laws,
rules, and regulations 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.
26. 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.
27. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties concerning the subject matter of this
Agreement, and it supersedes all prior negotiations, arrangements, agreements,
and understandings, either oral or written, between the parties.
SIGNATURE PAGE FOLLOWS
Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 7 of 8
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
CONTRACTOR
Signature: A
Printed Name: Christine LaSala
Title: Bid/Price Specialist
Date: March 21, 2023
CITY OF CORPUS CHRISTI
DocuSigned by:
Res.033012
Authorized By
Josh Chronley 3-28-2023
Assistant Director of Finance - Procurement Council
Date:
3/30/2023
Er-;/s is
APPROVED AS TO LEGAL FORM:
DocuSigned by:
3/30/2023 T
sccae ----.-.-.--_ ., .......—m T g
Assistant City Attorney Date
37A77R?41]51947
Attached and Incorporated by Reference:
Attachment A: Scope of Work Rebecca Huerta
Attachment B: Pricing Schedule City Secretary
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Supply Agreement-Chemtrade (liquid ammonium sulfate) Page 8 of 8
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
L,, ,........ ...... ......... --- ,---------- .....__..... ----- _ ... ---- --------- -------------- ....._........ .
Attachment,,A - Scope of Work
1.1 General Re uirements 'Back round Information
A. The Supplier shall provide Liquid Ammonium Sulfate Solution as outlined in this
Scope of Work to be used at the City of Corpus Christi O. N. Stevens Water
Treatment Plant. This chemical is used for disinfection of the water and wastewater
and must conform to all the requirements of this specification.
1.2 Product S ecifications
A. Water treatment chemicals must conform to:
1. American National Standards Institute/National (ANSI) Sanitation
Foundation Institute Standard for Drinking Water Treatment Chemical
Health Effects, ANSI/NSF 60.
2. American Water Works Association standard for Ammonium Sulfate
(Liquid) AWWA B302-16
B. Material Requirements
Chemical- The Liquid Ammonium Sulfate Solution will be used as a source of
ammonia in the formation of chloramines to disinfect the treated water.
Ammonium Sulfate obtained as a by-product in the manufacture of coal gas
and coke is not acceptable for use in the potable water treatment.
The chemical and physical properties of the liquid ammonium sulfate shall be as
follows:
Appearance and odor: Clear, Pale Yellow Liquid - No odor
_. _,... .... ..............�..... .............. ......... _............... ......... m.... .. ......... ..... .....
Item Weight
_.....u....._.. .....---------------------------------------------- ---- _.. ...... .. . __
pH 4.8- 7.5
.....
Solubility in
_ ... __ .
Water Complete
- --. - ----
Specific Gravity 1.20- 1.23
.. ..... _ ....
Soluble Iron (mg/L) <10
__ ... ----
Freeze Point (deg. F) < 10
.... �.... .. . ...........
.........._.m. _1
Boiling Point (deg. F) 214-216
Sulfuric Acid Diammonium 38
' 40% wt % dry salt
_ ( )_ ..
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
Ammonium ( t.__
Sulfate Solution 10% 25% of the 40%dry salt wt.)
1.3 Deliver° and Wei hin Re_ uirements
1. The Supplier will be responsible for unloading the chemical. The Supplier shall
provide any special equipment necessary for unloading, up to and including,
hoses, connections, compressors, etc.
2. The Supplier 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.
3. The Supplier shall provide with every delivery a chemical analysis for each
chemical shipment,and the chemical analysis must include the ammonia (NH3)
percentage, specific gravity and pH.
4. City of Corpus Christi Plant Supervisors, or their designee, may take a sample of
any chemical shipment for testing prior to unloading of the chemical. In
addition, approximately every three (3) months during the supply agreement,
the City will take a random sample of the chemical upon delivery. This sample
will be sent to an independent laboratory chosen by the City and tested for all
items outlined in the product specifications.
5. The Plant Supervisor may reject any chemical shipments that contain a
concentration of any component outside the allowable concentration range
as specified in the product specifications.
6. Deliveries of Liquid Ammonium Sulfate solution must be by drivers thoroughly
trained and familiar with the related hazards, safety measures, and spill cleanup
procedures for Liquid Ammonium Sulfate solution. All spills and leakage,
regardless of size must be properly and immediately cleaned up by Supplier's
personnel. The Supplier shall be required to respond to any and all such
emergencies within eight (8) hours of being notified.
7. The Contractor shall allow two (2) hours "unloading time" for each chemical
shipment, starting from the time the load enters the plant site to the time the
unloading of the chemical shipment is completed. 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. Any unloading time in excess of
two (2) hours which is directly attributable to the City will be paid for at the unit
price bid for "Unloading Delays," rounded and prorated to the nearest quarter
hour. This amount shall be included with the invoice for payment for that
particular load of chemical.
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
I �8. Shlpment(s)..will be ...
delivered in 4,500 gallon lots in properly cleaned tank trucks.
Each chemical shipment must be weighed on a state certified truck scale
located within the city limits of Corpus Christi before delivery to and after
unloading at the water treatment plant.
9. The Supplier shall be responsible for mailing a legible copy of each chemical
shipment weight "ticket" to the respective City of Corpus Christi Water
Production Supervisor within 5 business days of delivery of the chemical.
Payments to the Supplier will not be processed unless this requirement is met.
10.Deliveries shall be made between 8:00 a.m. and 5:00 p.m., Monday through
Sunday, excluding holidays, unless specific arrangements are made otherwise.
l 1.Orders will be placed by telephone or email. The Supplier will deliver the
amount of Liquid Ammonium Sulfate solution ordered within twenty-four (24)
hours of order placement. No minimum or maximum purchase of Liquid
Ammonium Sulfate is guaranteed by the City within the duration of the
contract.
1.4 Deliveries will be made to the following location:
O.N. Stevens Water Treatment Plant- 13101 leopard St., Corpus Christi, Texas,
78410
1.5 Other Re uirements
1. All materials supplied must comply with all requirements and standards of the
Occupational Safety and Health Act (OSHA). All appropriate markings shall be
in place before delivery. Items not meeting OSHA specifications will be refused.
2. The Supplier shall base its billing and quantity for each chemical shipment on
"local" certified weight tickets for the delivery of Liquid Ammonium Sulfate
Solution, by weight, as indicated in the chemical analysis for that load.
3. The Supplier must submit the chemical analysis, weight ticket, and bill of lading
with each invoice.
4. Prior to initial use of the Liquid Ammonium Sulfate solution, and annually
thereafter, the Supplier shall conduct a minimum of two (2) training seminars for
the City's operating personnel on the application and control of the Liquid
Ammonium Sulfate solution, and shall include the following:
a. Basic chemical properties of the Liquid Ammonium Sulfate solution
b. Safety training
c. Equipment operation/set up
d. Safety Data Sheet
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
5. Each Bidder must deliver a 1 Liter sample of Liquid Ammonium Sulfate to the
Water Production Superintendent, O.N. Stevens Water Plant, 13101 Leopard
St., Corpus Christi, Texas 78410 for evaluation purposes. Product Literature
detailing recommended dosage and any other pertinent data must also be
furnished with the 1 Liter sample.
1.6 Billin Invoicin
A. The Contractor shall submit an itemized invoice for payment, which
shall include the following:
1. Service Agreement No. and/or Purchase Order No.
2. Ship to: Location Name and Address
3. Ordered by: Supply Name
4. Product Description
5. Quantity, Unit Price and Total Price
B. The Contractor shall mail the original invoice to the address below
and email a copy toiii `WAcc0L)!l...i..�:T. ': .gt� �cctex mco m.
City of Corpus Christi
Attn: Accounts Payable -City Hall
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.7 Contractor Quality Control and Su erintendence
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 Supplier will also provide supervision of the
work to insure it complies with the contract requirements.
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
Attachment B — Pricing Schedule
Liquid Ammonium Sulfate Solution
............
ITEM DESCRIPTION UNIT PRICE AMOUNT
NO.
�......... ....__ ......... ........ _.
Liquid Ammonium Sulfate Solution– Wet Ton $786,750.00*
O.N. Stevens Water Treatment Plant
2 Unloading Delay– max hours_ $75.64/Hr $ 3,782.00
TOTAL AMOUNT $790,532.00**
* Unit price, as of the date of execution of this Agreement by the Supplier, is$345.00 per wetton.
Depending on market conditions and supply chain issues, the current unit price per wet ton may be
subsequently decreased or increased, subject to the requirements stated in the Agreement and in
accordance with the terms and conditions pertaining to price adjustments.
** The total amount represents the maximum allowed expenditure through the initial year of this Agreement,
with the parties' mutual understanding that no minimum quantity nor dollar amount of product is required
to be purchased.
COMPANY: Chemtrade Chemicals US LLC
NAME OF PERSON AUTHORIZED TO SIGN: Christine LaSala
S 2 pp _ .y........ _.NJ 4
Parsi an ,
, ADDRESS: 90 East HalseyRoad, Suite 200 CITY TA IP:
800-441-265 , .....�6 ._ @ �
LL PHONE: EMAIL bids@chemtradelogistics.com
FAX: 973-515-4461 DATE: March 21, 2023
SIGNATUREP. ........TITLE' Bid/Price Specialist
_.__ . ...�....�. ....—
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
. .. .. .,... ,., �
Attachment C- Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
1. Contractor must not commence work under this agreement until all insurance
required herein has been obtained and approved by the City's Risk Manager
or designee. Contractor must not allow any subcontractor to commence work
until all similar insurance required of the subcontractor has been so obtained.
2. 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 for 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.
......... -------- -----
-- ___.,_,..._..--_ _----------------------------
.__.._ ......... ......... ......
PE OF INSURANCE MINIMUM INSURANCE COVERAGE
.... _-_ .._...w ............... _ ......... _ -
Commercial General Liability $1,000,000 Per Occurrence
including:
1. Commercial Broad Form
2. Premises- Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6 Personal Inu Advertisln In�uy
_ ___....... .... ... ... _.__....._ . .. _...........
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1 . Owned
2. Hired & Non-owned
3. Rented & Leased
WORKERS' COMPENSATION Statutory and complies with Part II of
(All States Endorsement if Company is Exhibit.
not domiciled in Texas)
Employer's Liability
POLLUTION LIABILITY $5 000 000 Per
r $nc 000
_._ occurrence
3. In the event of accidents of any kind related to this project, Consultant must
furnish the Risk Manager with copies of all reports of such accidents within 10
days of the accident.
Revised 11.30.20
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
I
Additional,Requirements,-
i
1 . 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 an amount sufficient to assure that all workers'
compensation obligations incurred by the Contractor will be promptly met. An
All States endorsement shall be required if consultant is not domiciled in the
State of Texas.
2. 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.
3. Contractor shall be required to submit replacement Certificate of Insurance to
City at the address provided below within 10 days of any change made by the
Contractor or as requested by the City. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City
at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. 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
Revised 11.30.20
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
• Provide 30 calendar days advance written notice directly to City of any
cancellation, non-renewal, material change or termination in coverage and
not less than ten calendar days advance written notice for nonpayment of
premium.
5. Within five 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.
6. 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 Consultant hereunder until Contractor demonstrates
compliance with the requirements hereof.
7. Nothing herein contained shall be construed as limiting in any way the extent
to which Contractor may be held responsible for payments of damages to
persons or property resulting from Contractor's or its subcontractor's
performance of the work covered under this contract.
8. 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.
9. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement
2021 Insurance Requirements
Ins. Req. Exhibit 1-B
Purchase Contracts-Supply Agreements- Equipment Leases
Hazardous Chemicals Delivered to City
05/10/2021 Risk Management- Legal Dept.
Revised 11.30.20
i
............. - _____-- _._ ..... ..............................................--------- ........... ........
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
Attachment D - Warranty Requirements
"No manufacturer's warranty required for this Agreement."
DocuSign Envelope ID:8E88F796-CB4F-42AE-ACF4-DD1 C2CDED7E5
� / J r r��r n�(�m� ✓� �v�� Gm
w
DELEGATION OFAUTHORITY
I, Scott Rook,President and Chief Executive of Chemtrade Chemicals US LLC, a Delaware limited
liability company("Chemtrade"), do hereby delegate and appoint the following agents of Chemtrade to
execute all municipal contracts and instruments, including bids, proposals and quotations, which in the
ordinary course of business are processed by the Marketing Group ofthe company:
Parul Kachhia-Patel: Lisa Brownlee: Paul Peters: Elizabeth Ryno: Leilina Gossa:
Christine LaSala: Delana Peralta: Michele Schroeher. Marie-Josee Jolly
Set forth below is a certified copy ofthe resolution of Chemtrade authorizing such action.
Dated as of the 21st day of February, 2023
vrJ
vo
Scott Rook
President and Chief Executive Officer
CERTIFICATE OF SECRETARY
I, Susan Pare, hereby certify that I am the Corporate Secretary of Chemtrade Chemicals US LLC
("Chemtrade")and that set forth below is a true and correct copy of the resolution ofthe Board of Managers
of Chemtrade, adopted by unanimous written consent as of the 10th da of November 2003 and that
the same has not been modified or revoked and is on the date hereofin full force and effect:
RESOLVED that any officer ofthe Company be, and he hereby is, authorized to
delegate,with the right of further delegation, to any other officer,employee or agent of
the Company, all or any part of the authority granted to them by the Board of Managers;
and that any such delegations may be general or specific and subject to such limitations
and restrictions as the delegating officer shall determine.
1 FURTHER CERTIFY that Scott Rook Is the duly elected President and Chief Executive Officer of
Chemtrade and holds such offices on the date hereof, that Mr. Rook is, in his capacity as President and
Chief Executive Officer is authorized to represent and bind Chemtrade in all matters including, but not
limited to,contracts and that set forth below is the genuine signature of such officer:
vw
Scott Rook
President and Chief Executive Officer
IN WITNESS WHEREOF,I have hereunto set my hand and have caused the seal ofthe
Company to be affixed effective this 21 st day of February,2023.
V
4 i
Sea! Susan Pare
Corporate Secretary
90 East Halsey Road
Patsippany,NI 07054
Tel:800-441-2659