HomeMy WebLinkAboutC2017-004 - 1/24/2017 - Approved Ci
8 nm
SUPPLY AGREEMENT NO. 953
,-
R
a�2 Water Chemicals - Liquid Caustic Soda Solution
THIS Water Chemicals - Liquid Caustic Soda Solution Supply Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City") and Univar USA, Inc ("Supplier"),
effective for all purposes upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Supplier has bid to provide Water Chemicals-Liquid Caustic Soda
Solution in response to Request for Bid No. 185A ("RFB"), which RFB includes the
required scope of work and all specifications and which RFB and the Supplier'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 Supplier agree as follows:
1. Scope. Supplier will provide Water Chemicals - Liquid Caustic Soda Solution
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 twelve months. This Agreement includes an
option to extend the term for up to four additional twelve-month periods
("Option Period"), provided, the parties do so prior to expiration of the
original term or the then-current Option Period. The decision to exercise the
option to extend the term of this Agreement is, at all times, within the sole
discretion of the City and is conditioned upon the prior written agreement of
the Supplier and the City Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $1,362,882.00, 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. 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.
('ifv of carpus Christi Page 1 of 7
2017-004
1/24/17
Res. 031048
Univar USA Inc.
INDEXED
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:
Department: O.N. Stevens Water Treatment Plant
Phone: 361-826-1954
Email: williamc@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the
Supplier 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 Supplier 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 Supplier 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 Supplier until such time as the products are
delivered and accepted by the City.
7. Inspection and 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 Supplier, 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 Supplier within 30 days of
receipt of City's invoice.
8. Warranty. The Supplier 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 Supplier
City of Corpus Christi Page 2 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
warrants that it has clear title to the products and that the products are free
of liens or encumbrances. In addition, the products purchased under this
Agreement shall be warranted by the Supplier 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. Supplier 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 Supplier be considered an employee
of the City.
12. Subcontractors. Supplier may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors,
however, the Supplier must obtain prior written approval from the Contract
Administrator if the subcontractors were not named at the time of bid. In
using subcontractors, the Supplier is responsible for all their acts and omissions
to the same extent as if the subcontractor and its employees were
employees of the Supplier. All requirements set forth as part of this
Agreement, including the necessity of providing a COI in advance to the
City, are applicable to all subcontractors and their employees to the same
extent as if the Supplier and its employees had performed the work.
City of Corpus Christi Page 3 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
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 Supplier covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related 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: William Creech
Title: Utility Systems Manager
Address: 13101 Leopard Street, Corpus Christi, Texas 78410
Fax
IF TO SUPPLIER: Univar USA, Inc
Attn: Karen Yurch
Title: Sales Manager
Address: 15780 Alamo Jet., Elmendorf, TX 78112
Fax: 214-340-9113
17. SUPPLIER AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL
INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION
CLAIMS), 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
City of Corpus Christi Page 4 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF
THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH
OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE
CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES,
BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED
WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER 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 FROM ANY SAID
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS.
THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS
SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION
OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Supplier's failure to
perform the work specified in this Agreement or to keep any required
insurance policies in force during the entire term of this Agreement. The
Contract Administrator must give the Supplier written notice of the breach
and set out a reasonable opportunity to cure. If the Supplier 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 Supplier. The City
Manager may also terminate this Agreement upon 24 hours written notice to
the Supplier for failure to pay or provide proof of payment of taxes as set out
in this Agreement.
19. Assignment. No assignment of this Agreement by the Supplier, 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 Supplier 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.
City of Corpus Christi Page 5 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
20. 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.
21. 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 and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. the Supplier's bid response (Exhibit 2)
22. Certificate of Interested Parties. Supplier 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.
23. Governing Law. This Agreement is subject to all federal, State, and local laws,
rules, and regulations. 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.
24. 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)
City of Corpus Christi Page 6 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
SUPPLIER ,47 ,7
Signature:
Printed Name: /RoNA-N1 6,11-L t t tki\J
Title: UIC_ ?2ES k Doti
Date: k i ( f ( T
CITY OF CORPUS CHRISTI
Signature:
Printed Name: ( \2v i "t•-- 41-4--"^c-
Title:
i 1-4-"^c-
Title: ✓t7 c 4 rnA l
Date: I / 2..37/ 7
ATTEST: e,(r.�, ' (ie
-Z� l
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. 185A � . C3 YO-k3
Exhibit 2: Supplier's Bid Response _ AUIMita -
sv COUNCIL `Z
SECRETARY
a
City of Corpus Christi Page 7 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment A: Scope of Work
Section 4 - Scope of Work
4.1 General Requirements/Background Information
The Supplier shall provide Water Chemical - Liquid Caustic Soda Solution for the Utilities
Department. Liquid Caustic Soda, also known as sodium hydroxide aqueous solution is
used for pH adjustment of the final filter effluent.
4.2 Scope of work
Supplier shall supply Liquid Caustic Soda Solution to the Utilities Department to be
delivered in tank truck lots in accordance with Specifications for Water Treating
Chemicals.
A. Water treating chemicals must conform to:
Liquid Caustic Soda (Sodium Hydroxide Solution),
50 wt. and 25 wt.% Aqueous Solutions
1. American National Standards Institute/National Sanitation Foundation Institute
Standard for Drinking Water Treatment Chemical - Health Effects, ANSI/NSF 60. It
is the responsibility of the supplier to inform the City of Corpus Christi (within 24
hours from the time of verbal or written notification to supplier) that its NSF
certification has been revoked or lapsed. Loss of NSF certification constitutes
grounds for immediate termination of the liquid caustic soda contract.
2. American National Standards Institute/American Water Works Association
standard for Caustic Soda (Liquid) ANSI/AWWA 8501-03.
3. 50 % Liquid Caustic Soda must contain not less than 48.0 % as Caustic Soda
(Sodium Hydroxide NaOH).
4. 25% Liquid Caustic Soda must contain not less than 24.0% as Caustic Soda
(Sodium Hydroxide NaOH).
5. The manufacturer must provide an affidavit of compliance, stating that at the
time of loading, the chemical(s) furnished under the release order, complies with
all applicable requirements to the City of Corpus Christi, Water Production
Superintendent, P.O. Box 9277, Corpus Christi, Texas 78469-9277.
B. MATERIAL REQUIREMENTS
The liquid Caustic Soda delivered under this agreement must meet the following
physical-chemical specifications based on the required concentration:
1. Liquid Caustic Soda 50 wt.%
Physico-chemical Parameters Units Specifications
Sodium Hydroxide (NaOH) wt.% 48.0 - 52.0
Sodium Oxide (Na2O) wt.% 38.3-39.57
Sodium Carbonate (Na2CO3) wt.% <0.15
Sodium Chloride ppm 100.0 Maximum
Sodium Chlorate ppm 50.0 Maximum
Sodium Sulfate ppm 40.0 Maximum
Iron as Fe ppm 5.0 Maximum
Appearance n.a. Clear Liquid
Specific Gravity g/mL 1.52- 1.54
Density Ib./gal 12.76
2. Liquid Caustic Soda 25 wt.%
Physico-chemical Parameters Units Specifications
Sodium Hydroxide (NaOH) wt.% 24.0 -26.0
Sodium Oxide (Na2O) wt.% 18.6-20.23
Sodium Carbonate (Na2CO3) wt.% <0.15
Sodium Chloride ppm 100.0 Maximum
Sodium Chlorate ppm 50.0 Maximum
Sodium Sulfate ppm 40.0 Maximum
Iron as Fe ppm 5.0 Maximum
Appearance n.a. Clear Liquid
Specific Gravity g/mL 1 .2- 1.28
Density Ib./gal 10.6- 10.75
C. DELIVERY AND WEIGHING REQUIREMENTS:
Each chemical shipment must be weighed by local certified weigher before delivery
to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver
must promptly deliver chemical shipment weight "ticket" or legible copies to the City
of Corpus Christi, Plant Supervisor, 13101 Leopard, Corpus Christi, Texas 78410.
Deliveries will be made Monday thru Sunday, 8 A. M. to 5 P. M. only, unless an
emergency arises then the Plant Supervisor may approve after hour deliveries.
1. The Supplier must provide a chemical analysis for each chemical shipment
(Certificate of Analysis, including Lot number, and production date), and the
chemical analysis must include the parameters above described in this scope of
work, such as NaOH percentage, specific gravity, Sodium Carbonate mg/liter, and
Sodium Chloride mg/liter and the others.
2. Additionally, the Supplier must provide (when) an actualized Laboratory Report
of their product for Heavy Metals and/or Trace Elements Analysis (EPA Method 200.7
or similar), including the following elements: Arsenic, Cadmium, Chromium, Copper,
Lead, Nickel, Thallium, and Mercury. This Report must to be emitted by a Laboratory
accredited by NELAP. Upon request, the Supplier will provide an updated report
per year as minimum.
3. The Supplier must base billing and pay quantity for each chemical shipment on
certified weight tickets for delivery of Liquid Caustic Soda. The Plant Supervisor may
reject any chemical shipments as per example: 50% Liquid Caustic Soda containing
less than 48.0 percent or more than 52.0 percent as not meeting specifications for
NaOH and may reject any chemical shipments of 25% Liquid Caustic Soda
containing less than 24.0 percent or more than 26.0 percent as not meeting
specifications for NaOH.
4. Supplier must make shipments in approximately 4,000-gallon tank truck lots to
the City of Corpus Christi, O. N. Stevens Water Treatment Plant, 13101 Leopard,
Corpus Christi, Texas 78410.
D. OWNERSHIP:
City's ownership of the Liquid Caustic Soda begins, and Supplier's ownership ceases,
upon completion of unloading of the chemical at the O. N. Stevens Water Treatment
Plant.
E. OSHA AND TRAINING:
1. Any chemical supplied must comply with all requirements and standards of the
Occupational Safety and Health Act. Supplier must provide all appropriate
chemical and warning markings before delivery. Water Production Superintendent
may reject items not meeting OSHA specifications.
2. Supplier at its expense must provide training to City employees in the safe handling,
storage, and use of the chemical on a semiannual basis at the Water Production
Superintendent's convenience.This training must include a presentation of sufficient
length to visually portray the proper procedures of handling, storage, and use of
Liquid Caustic Soda and all information contained on the Safety Data Sheet must
be thoroughly covered.
3. The Supplier must comply with drug and alcohol testing, education, and training
programs that comply with U.S. Department of Transportation Regulations 49CFR,
Parts 382 and 40. The Supplier must execute a Certification of compliance with U.S.
Department of Transportation regulations 49CFR, Parts 382 and 40 and provide a
copy to the Water Production Superintendent on a quarterly basis beginning with
the first chemical shipment.
4.3 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 requirement.
Attachment B: Bid Pricing Schedule
cy t!5
Cre
f
km
IF; ro
4 •
Response For Supplier: Univar USA, Inc.
Event#: 202-1
Name: 185A-Liquid Caustic Soda
Reference: 185-Liquid Caustic Soda
Description: The City of Corpus Christihereby issues this request for bids.The City is seeking bids from firms interested and
qualified in supplying Water Chemical Liquid Caustic Soda Solution.
Preview Date: Q&A Open Date:
Open Date: 01/03/2017 12:55:00 PM Q&A Close Date:
Close Date: 01/04/2017 05:00:00 PM Dispute Close Date:
Responded To: 2 Out of 2 Lines
Total Bid Amount: 1,362,882.00 USD
Line Responses
Line 1: 50% Caustic Soda
Description: 50%Liquid Caustic Soda must contain not less than 48.0%as Caustic Soda(Sodium Hydroxide NaOH).
50%Caustic Soda
CHEMICALS AND SOLVENTS,COMMERCIAL(IN BULK)
Quantity: 5,000.0000 UOM: WE
Bid Quantity: 5,000.0000 Unit Price: 230.62500 Extended Price: 1,153,125.00
No Charge: No No Bid: No
Vendor Item: 808054 Caustic Soda 50%
Comments: 230.625 is wet ton pricing
(Line 2: 25% Caustic Soda
January 5,2017
1:51:55 PM
Event# 202-1: 185A-Liquid Caustic Soda
Description: 25%Liquid Caustic Soda must contain not less than 24.0%as Caustic Soda(Sodium Hydroxide NaOH).
25%Caustic Soda
CHEMICALS AND SOLVENTS,COMMERCIAL(IN BULK)
Quantity: 1,500.0000 UOM: WE
Bid Quantity: 1,500.0000 Unit Price: 139.83800 Extended Price: 209,757.00
No Charge: No No Bid: No
Vendor Item: 795072 Cauastic Soda 25%
Comments: 139.838 per wet ton
1:5(:55 PSI
Attachment C: Insurance Requirements
INSURANCE REQUIREMENTS
I. BIDDER'S LIABILITY INSURANCE
A. Bidder must not commence work under this contract until all insurance required has been obtained and
such insurance has been approved by the City. Bidder must not allow any subcontractor, to commence
work until all similar insurance required of any subcontractor has been obtained.
B. Bidder must furnish to the City's Risk Manager and Director of Utilities, one (1) copy of Certificates of
Insurance with applicable policy endorsements showing the following minimum coverage by an insurance
company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on
the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence- aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Bidders
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
ENVIRONMENTAL $1,000,000 Per Claim/Occurrence
IMPAIRMENT/POLLUTION LIABILITY
Including Cleanup
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Bidder 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, Bidder 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 Bidder is not domiciled in the State of Texas.
B. Bidder shall obtain and maintain in full force and effect for the duration of this Contract,and any extension
hereof, at Bidder'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. Bidder 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. Bidder agrees that,with respect to the above required insurance,all insurance policies are to contain
or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement
with regard to operations, completed operations, and activities of or on behalf of the named insured
performed under contract with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any,cancellation,non-renewal,
material change or termination in coverage and not less than ten(10)calendar days advance written notice
for nonpayment of premium.
E. Within five(5)calendar days of a cancellation,non-renewal,material change or termination of coverage,
Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City
shall have the option to suspend Bidder'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 Bidder'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 Bidder to stop work hereunder,and/or withhold any payment(s)which become due to Bidder
hereunder until Bidder demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Bidder may be
held responsible for payments of damages to persons or property resulting from Bidder's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Bidder's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2016 Insurance Requirements
Utilities -WWTP
Water Treating Chemical Delivery
10/19/2016 MV Risk Management
Attachment D: Warranty Requirements
Warranty Requirements are not required for the Service Agreement.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business.
2017-151345
Univar USA Inc.
Kent,WA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/06/2017
being filed.
City of Corpus Christi twat A22ckn wtedged:
11;V
2Q \
3 Provide the identification number used by the governmental entity or state agency to track or identify the ntract,and provide a
description of the services,goods,or other property to be provided under the contract.
RFB185A
Liquid Caustic Soda
q Nature of interest
Name of interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
•
p
5 Check only iti
V nTA
-Ayq •;•
Lei -
6 AFFDAVR, ' ' "� I swear,or affirm,under penaltyof
* .��«. �*.� perjury,that the above disclosure is true and correct.
•
°ctj;• PUBLAG
Signature of author d agent of contractin siness entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said SIN:k4dsi,ni22.1 Jkf!.Cerikejahis the (O day of l ' isd
20 ( 7 ,to certify which,witness my hand and seal of office.
, ...--
Wind„ IY ¢y,a5. nc�cniC l cJ (3
-----114.04(111:---)444
f officer administering oath Printed name of officer administering oath Title of office r administering oath
isms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277