HomeMy WebLinkAboutC2023-274 - 12/5/2023 - Approved DocuSign Envelope ID:4A1136073-1347D-411 D-889E-007B02E2BFB6
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H SUPPLY AGREEMENT NO. 4954
Sodium Hypochlorite for Corpus Christi Water
'Ga �uan<Q
1852
THIS Sodium Hypochlorite for Corpus Christi Water 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 for Corpus Christi
Water in response to Request for Bid No. 4954 ("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 for Corpus Christi Water 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.
(A) The Term of this Agreement is one year beginning on the date provided in
the Notice to Proceed from the Contract Administrator or the City's Procurement
Division. The parties may mutually extend the term of this Agreement for up to two
additional one-year periods ("Option Period(s)"), provided, the parties do so in
writing prior to the expiration of the original term or the then-current Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$6,300,000.00, subject to approved extensions and changes. Payment will be
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made for goods delivered and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. The unit pricing will be adjusted on a quarterly basis in
accordance with the Price Change Mechanism included as part of Attachment
B. 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 must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Amanda Howard
Department: Corpus Christi Water
Phone: 361-826-1894
Email: AmandaC@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 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.
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
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DocuSign Envelope ID:4A1 B6073-B47D-411 D-889E-007B02E2BFB6
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.
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 less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such 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.
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12. Subcontractors. In providing the Goods, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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: Amanda Howard
Title: Contracts Funds Administrator
Address: 2726 Holly Rd. Corpus Christi, Texas 78415
Phone: 361-826-1894
Fax: 361-826-4495
IF TO CONTRACTOR:
Brenntag Southwest, Inc.
Attn: Gayle Tullier
Title: Municipal Bid Manager
Address: 704 E. Wintergreen Rd., Lancaster, Texas 75134
Phone: 713-330-8570
Fax: 713-450-4699
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 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 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.
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DocuSign Envelope ID:4A1 B6073-B47D-411 D-889E-007B02E2BFB6
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
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;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
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
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 between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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DocuSign Envelope ID:4A1 B6073-B47D-411 D-889E-007B02E2BFB6
CONTRACTOR
Grp--D7(caSg-d by:
IN.t"�"'^6'1/
Signature:
Printed Name: W. Thomas Crain, Jr.
Title. President
Date: 10/18/2023
033234
CITY OF CORPUS CHRISTI Res. Authorized By
DocuSigned by: r_ ,�-
`
Council 12/5/2023
j 0 SIINbICKI114ron ey
Assistant Director of Finance — Procurement
Date: 12/18/2023 Er-;/sisAS TO LEGAL FORM: ATTEST: usigneaby:
Q(w1t,t, a(cbvvt— lL� 12/13/2023
E��Oc.B.CD4Q484DC...
Assistant City Attorney Date Rebecca Huerta
City Secretary
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. 4954
Exhibit 2: Contractor's Bid Response
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DocuSign Envelope ID:4A1 B6073-B47D-411 D-889E-007B02E2BFB6
ATTACHMENT A: SCOPE OF WORK
WEOR>tl RW Iia
1852
I. General Requirements
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 Corpus Christi Water Wastewater
Treatment Plants, and Water Pump Stations to disinfect water and wastewater.
C. Sodium hypochlorite must meet American Water Works Association (AWWA)
standard B300-18.
D. Sodium hypochlorite must be certified by the National Sanitation Foundation
(NSF) to ANSI/NSF Standard 60 for water treatment chemicals.
II. Specification - Sodium Hypochlorite Aqueous Solution
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
III. Delivery and Weighing Requirements
A. Corpus Christi Water will place orders by telephone or email. The Contractor shall
deliver the 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 lots to the following location:
1 . Broadway Wastewater Treatment Plant - 801 Resaca, Corpus Christi, TX
2. Oso Wastewater Treatment Plant- 601 Nile, Corpus Christi, TX
3. Allison Wastewater Treatment Plant - 4101 Allison, Corpus Christi, TX
4. Laguna Madre Wastewater Treatment Plant- 201 Jester, Corpus Christi, TX
C. The Contractor shall deliver 10%sodium hypochlorite solution in 1,100-gallon totes
to Sand Dollar Pump Station located at 14201 Sand Dollar Ave., Corpus Christi,
TX.
D. The Contractor shall deliver 12.5% sodium hypochlorite solution in bulk at Staples
Pump Station located at 5501 County Rad 43, Corpus Christi, TX.
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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.
F. The Contractor must provide an affidavit of compliance to Corpus Christi Water
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 be responsible for unloading the chemical. The Contractor
shall provide any special equipment necessary for unloading, including but not
limited to hoses, connections, and compressors.
I. The Contractor shall allow two 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 Corpus Christi Water representative has signed all
delivery tickets for each respective load. Any unloading time in excess of two
hours which is directly attributable to Corpus Christi Water 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 in the invoice for payment for that
load of chemical.
J. 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.
K. Deliveries shall be made between 8:00am through 5:00pm, Monday through
Friday, excluding holidays, unless specific arrangements are made otherwise.
L. Before delivery, the Contractor must weigh a shipment on a state certified truck
scale located within the City of Corpus Christi city limits and after unloading at
the wastewater treatment plant.
M. The Contractor shall email a legible copy of each chemical shipment weight to
the Corpus Christi Water point of contact within five business days of delivery of
the chemical. Payment will not be processed unless the requirement is met.
N. The Plant supervisor may reject any chemical shipment that contains a
concentration of any component outside the allowable concentration range as
specified in the product specifications.
O. Corpus Christi Water's ownership of the sodium hypochlorite shall begin, and the
Contractor's ownership shall cease, upon the unloading of the chemical at the
Wastewater Treatment Plants, Sand Dollar Pump Station, and the Staples Pump
Station.
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IV. Testing
The Corpus Christi Water representative 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, Corpus Christi Water will take a random
sample of the chemical upon delivery. The sample will be sent to an independent
laboratory chosen by Corpus Christi Water and tested for all items outlined in the
product specifications.
V. 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 Corpus Christi
Water operating personnel on the application and control of the sodium
hypochlorite solution and shall include the following:
a. Basic chemical properties of the sodium hypochlorite solution
b. Safety training
c. Equipment operation/setup
d. Safety Data Sheet
VI. Contractor and Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program
that is acceptable to the Corpus Christi Water representative to assure that the
requirements of the contract are provided as specified. The Contractor will also
provide supervision of the work to ensure that it complies with the contract
requirements.
VII. Contract Pricing
A. The Contractor shall perform services during Normal working hours 8:00 AM
to 5:00 PM, Monday through Friday.
B. All hourly rates quoted must include overhead, profit, travel, and all
administrative costs. Trip charges are not permitted under this Contract.
C. Materials shall be provided to the City's at Cost, discount (if applicable) and
allowable mark up.
VIII. Invoicing
A. The Contractor shall submit the invoice to the Contract Administrator.
Invoice must contain following:
L Purchase order number
ii. Description of work
iii. Total hours billed, itemized by position and hourly rate
iv. Work order number/ Job ticket
V. Copies of all receipts for parts/materials/equipment
B. Approval for payment shall be authorized by the Contract Administrator.
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C. The Contractor shall bill based on the actual gallon delivered. The
Contractor shall attach a 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.
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DocuSign Envelope ID:4A1136073-1347D-411 D-889E-007B02E2BFB6
v " ATTACHMENT B: QUOTE/PRICING SCHEDULE
`
v
CITY OF CORPUS CHRISTI
Ca �4pEQ QUOTE FORM
1852
1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote.
2. Quote your best price, including freight, for each item.
3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at
independently, without consultation, communication, or agreement with any other vendor or
competitor, for the purpose of restricting competition with regard to prices.
Invitation to quote, FOB Destination, Freight Included, on the follow!n :
Item Location Description UNIT 1-YR. QTY Unit Total
Price Price
1. Broadway Sodium Gallon 30,000
WWTP Hypochlorite 10-15% $1.8485/Gal* $55,455.00
2. Oso WWTP Sodium Gallon 1,900,000
Hypochlorite 10-15% $1.8485/Gal* $3,512,150.0
3. Allison WWTP Sodium Gallon 250,000
Hypochlorite 10-15% $1.8485/Gal* $462,125.00
4. Laguna Madre Sodium Gallon 220,000
WWTP Hypochlorite 10-15% $1.8485/Gal* $406,670.00
5. Sand Dollar Sodium Gallon 72,000 $4.2885/Gal* $308,772.00
Pump Station Hypochlorite 10% (in
totes
6. Staples Pump Sodium Gallon 93,750
Station Hypochlorite 12.5% $1.8485/Gal* $173,296.88
7. Unloading Unloading delay for Hours 50 $125.00/Hour $6,250.00
Delay time exceeding two
hours
total $4,924,718.88
* Pricing will be adjusted quarterly based on the attached Price Change Mechanism.
COMPANY: Brenntag Southwest, Inc.
NAME OF PERSON AUTHORIZED TO SIGN: Gayle Tullier
ADDRESS: 704 E Wintergreen Rd CITY / STATE/ZIP: Lancaster, Texas 75134
PHONE: (972) 218-3500 EMAIL: gayle.tullier@brenntag.com
FAX: (972) 218-3501 DATE: August 21, 2023
SIGNATURE: I.., . ._Tl t UJJ_A,, TITLE: Municipal Bid Manager
a
THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY
INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR
POSTPONE THIS PROJECT UNTIL A LATER DATE.
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DocuSign Envelope ID:4A1 B6073-B47D-411 D-889E-007B02E2BFB6
BRENNTAG
PRICE CHANGE MECHANISM
Price adjustments will be determined by price changes for chlorine and caustic soda as reported by
IHS using the last month of a calendar quarter to determine the Price and applying the adjustment
(up or down)on the first day of any calendar quarter(January 1St, April 1St, July 1St, etc.).
Calculations for price adjustments will utilize the following formula:
Chlorine Cost Change per Ib multiplied by a factor of 1.20 for Sodium Hypochlorite
Caustic Soda Cost Change per Ib multiplied by a factor of 1.40 for Sodium Hypochlorite
(Caustic Price Change x 1.4) + (Chlorine Price Change x 1.2) = Sodium Hypochlorite Base Price
+/-the Change in Published Prices
The base price for Chlorine will be$935.00/Ton and the base price for Caustic Soda will be
$1085.00/Ton,which is the IHS June 2023 pricing.
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ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) 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 is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability Including: $1 ,000,000 Per Occurrence
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
POLLUTION LIABILITY $1 ,000,000 Per Occurrence
(Including Cleanup and Remediation)
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
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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 an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be promptly
met.
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 a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. 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 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, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
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 30 calendar days advance written notice directly to City of any, cancellation,
non-renewal, material change or termination in coverage and not less than 10 calendar
days advance written notice for nonpayment of premium.
E. Within 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.
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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 remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this agreement.
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 agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
BOND REQUIREMENTS:
No bonds are required for this Agreement.
2023 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services - Services Performed Onsite - Pollution
O1/01/2023 Risk Management - Legal Dept.
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ATTACHMENT D: WARRANTY REQUIREMENTS
Material shall be free from defects.
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