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SUPPLY AGREEMENT
NO. 1026
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1852 Sodium Bisulfite for the Wastewate Treatment Plants
THIS Sodium Bisulfite for the Wastewater Treatment Plants Supply Agreement
("Agreement") is entered into by and between the City of Corpus Christi,.a Texas
home-rule municipal corporation ("City") and Southern Ionics, 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 Sodium Bisulfite in response to.
Request for Bid No. 1026 ("RFB"), which RFB includes the required scope of work
and all specifications and which RFB and the Supplier'sbid 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 Sodium Bisulfite in accordancewith 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 12 months. This Agreement includes an option
to extend the term for up to two additional 12-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 $372,677.81, 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.
4. Contract Administrator. The Contract Administrator designated by the City
is responsible for approval of all phases of performance and operations
City of Corpus Christi Page 1 of 7
2017-143
4/11/17
M2017-052
Southern Ionics Inc.
INDEXED
under this Agreement, including deductions for non-performance and
authorizations for payment. The City's Contract Administrator for this
Agreement is as follows:
Name: Joanna Moreno
Department: Utilities Department
Phone: 361-826-1649
Email: JoannaM@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the
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
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
City of Corpus Christi Page 2 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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.
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.
City of Corpus Christi Page 3 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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: Joanna Moreno
Contracts/Funds Administrator, Utilities Department
2726 Holly Rd. Corpus Christi, TX 78415
Fax: 1-361-826-1715
IF TO SUPPLIER:
Southern Ionics. Inc.
Attn: Khristy D. Todd
Manager Corporate Administration
P.O. Box Drawer 1217
579 Commerce Street
West Point, MS 39773
Fax: 662-495-2590
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 CONNECTION WITH THIS AGREEEMENT OR THE
PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER
City of Corpus Christi Page 4 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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.
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
City of Corpus Christi Page 5 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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
Signature: (-1-4vtutif0.
Printed Name: IK,C 1 111 S4-1 1/. TQ)
Title: M . (41. AZt.n1
Date: "' L 11
CITY OF CORPUS CHRISTI
Signature: \Q )\.A y„
Printed Name: .A.-
Title: es
Date: 4`1 - l a. -
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TZLT: jN"CL-C'C'Cg /f<
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
142,0 - U 1 tlUttic6.
Incorporated by Reference Only:
CONCII..
Exhibit 1 : RFB No. 1026 SECRETA
Exhibit 2: Supplier's Bid Response
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
1.1 General Requirements/Background Information
A. The Supplier shall provide Sodium Bisulfite as outlined in this Scope of Work. The
Supplier shall provide 38- 44 % Sodium Bisulfite Solution as outlined in this Scope
of Work which will be used at the City of Corpus Christi Wastewater Treatment
Plants.
B. This chemical is used for dechlorination of wastewater and must conform to all
the requirements of this specification.
1.2 Scope of work
A. The Supplier must provide an affidavit of compliance to 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.
B. The Bidder shall have the proper trucks, equipment, compressors to offload the
chemical. The City will not supply this equipment, so it is inherent for the Supplier
to have the proper offloading equipment.
C. Safety Data Sheet (SDS) must be furnished.
MATERIAL REQUIREMENTS:
The Sodium Bisulfite Solution (Aqueous) delivered under this agreement will meet
the following specifications:
Item Weight
Sodium bisulfite concentration 38 - 44%
Sodium sulfite concentration < 1
Sodium sulfate concentration < 2%
PH 3.5 - 5.0
DELIVERY AND WEIGHING REQUIREMENTS:
1 . Delivering and off-loading of chemical must be in accordance with OSHA and
industry standards.
2. Shipment sizes will average approximately 4000 to 5000 gallon lots. Each
chemical shipment must be weighed on state a certified truck scale located
within the city limits of Corpus Christi before delivery to and after unloading at the
wastewater treatment plants.
Page 1 of 5
RFB Template 10.10.16
3. The chemical Supplier shall be responsible for mailing a legible copy of each
chemical shipment weight "ticket" to the respective City of Corpus Christi
Contract Administrator within 5 working days of delivery of the chemical.
Payments to the chemical Supplier will not be processed unless this requirement
is met.
4. Deliveries shall be made between 8:00 a.m. to 4:00 p.m., Monday through Friday
excluding holidays unless otherwise instructed by Contract Administrator or
designee. Contract Administrator or designee may request weekend deliveries
from 8:00 am. to 12:00 pm. with prior arrangements. The supplier shall notify the
Contract Administrator or designee by email and telephone at least 24 hours prior
to delivery of product so that a Contract Administrator or Designee may be on
site when the delivery is made. Shipments arriving at times other than those
above cannot be off-loaded until the specified unloading times, unless prior
arrangements have been made with the Contract Administrator or their
designee.
5. The successful bidder will deliver the amount of sodium bisulfite solution ordered
within twenty-four (24) hours of order placement. Orders will be placed by
telephone and/or email.
6. The City will not be responsible for any demurrage charges which result from
deliveries arriving at any other than the specified time, or from transporters' failure
to have all required off-loading equipment present and operating when off-
loading is scheduled to begin. A City Representative must be present and
sign/date delivery ticket(s); any tickets presented to the City for payment without
City Representative signature and date may be denied for payment (All tickets
must be original- no faxes accepted). Any unloading delays, which are directly
attributable to the City,will be paid for at the unit price bid for"Unloading Delays",
rounded to the nearest quarter hour. This amount shall be included with the
invoice for payment for that particular load of chemical. The frequency of
deliveries is dependent upon the requirement of keeping an adequate inventory
of Sodium Bisulfite in all tanks for the proper technical control of Wastewater
Sodium Bisulfite.
7. The Supplier must provide a chemical analysis for each chemical shipment, and
the chemical analysis must include percent sodium bisulfite concentration by
weight, percent sodium sulfite concentration by weight, percent sodium sulfate
concentration by weight, the specific gravity of the solution, and appearance of
the solution. The Supplier must attach a copy of the form to be used for providing
the results of this chemical analysis. Plant Supervisors, or their designated
representatives, may take a sample of any chemical shipment for testing prior to
unloading of the chemical. In addition, approximately every three months during
the supply agreement, the City will take a random sample of the chemical upon
Page 2 of 5
RFB Template 10.10.16
delivery. This sample will be sent to an independent laboratory chosen by
the City, and tested for all items included in the section 1 .2, C.
"Material Requirements", for quality control purposes.
8. The Supplier must base billing and pay quantity for each chemical shipment on
"local" certified weight tickets, as described above, for delivery of Sodium Bisulfite
Solution, by weight in pounds, based on actual percentage of Sodium Bisulfite by
weight, as indicated in the chemical analysis for that load, upon delivery.
9. The Contract Administrator may reject any chemical shipments that contain a
concentration of any component outside the allowable concentration range as
specified in the 1 .2, C. "Material Requirements" section of this specification.
10. Deliveries shall be made in Supplier's company trucks and driven by a company
driver and shall have the DOT permit and other State/Federal licenses, if
applicable due to liabilities involved in case of accidental spills or other related
problems. Drivers must be thoroughly trained and familiar with the related
hazards, safety measures, and spill cleanup procedures for sodium bisulfite
solution. In the event Supplier wishes to use a sub-contractor a properly licensed
and permitted commercial carrier, the Contract Administrator or designee's prior
written approval shall be required. All DOT permits and State/Federal licenses for
the proposed commercial carrier shall be submitted with the request and any
approval shall be limited to the commercial carrier whose DOT permit and
State/Federal licenses are submitted.
LOCATIONS AND CAPACITIES:
Plant Address Unit of Issue (Gallons)
Broadway 1402 W. Broadway 10,000
Oso 501 Nile 13,000
Allison 4101 Allison Dr. 10,000
Laguna Madre 201 Jester 10,000
Page 3 of 5
RFB Template 10.10.16
SPILLS:
1. All spills and leakage, regardless of size must be properly and immediately
cleaned up by successful bidder's personnel. Supplier is required to respond to
any and all such emergencies within eight (8) hours of being notified.
2. Spill clean-up must be conducted in accordance with all Federal, State and City
regulations.
1.3 Work Site and Conditions
1. The work shall be performed at the locations provided in this document.
2. The Supplier must notify the Contract Administrator or designee when on site for
delivery, maintenance or other work.
3. All PPE must be supplied and used by the Supplier and their employees while on
site.
4. If damages to city equipment and/or a contract employee is injured when onsite,
a Contract Administrator must be notified immediately.
1.4 Supplier Quality Control and Superintendence
The Supplier 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.
1.5 Special Instructions
1 . Prior to initial use of the sodium bisulfite solution, and annually thereafter, the
Supplier shall conduct a minimum of two training seminars for City's operating
personnel on application and control of the sodium bisulfite solution and shall, at
a minimum, include the following:
• Basic chemical properties of the sodium bisulfite solution
• Safety training
• Equipment operation/set up
• Safety Data Sheet
2. Supplier will be responsible for OSHA requirements and to supply all Personal
Protective Equipment (PPE) for their employees to ensure proper safety during
deliveries or when working on equipment.
Page 4 of 5
RFB Template 10.10.16
3. City's ownership of the Sodium Bisulfite Solution begins upon completion of
unloading of the chemical at one of the City's Wastewater Treatment Plants.
Unloading of the chemical is complete when unloading apparatus is
disconnected from storage facilities and secured, and a designated City of
Corpus Christi Wastewater Division representative has signed all delivery tickets for
each respective load.
Page 5of 5
RFB Template 10.10.16
Attachment B: Bid/Pricing Schedule
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�� CITY OF CORPUS CHRISTI
4 �� BID FORM
Q i'w:ir I 7-41
44f
PURCHASING DIVISION
RFB No.1026, Sodium Bisulfite
/8'52
Date :
2- 15' 11 PAGE 1 OF Authorized 2
Bidder: Sblit."(VM tc�niCs Signature: /' / y1__'
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices;
b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information
on file with City's purchasing office, pursuant to the Code of Ordinances, is current
and true.
c. Bidder is current with all taxes due and company is in good standing with all
required governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
;Item Description UNIT QTY Unit Price Total Price
1 Broadway Plant LB 235,737 I x''1'{1 11;410gr.cc
2 Oso Plant LB 1,384,591 101 4 1 103.425.95
3 Allison Plant LB 240,000 .014{'1 g.
t 11, 9200
U1
4 Laguna Madre Plant LB 113,040 1 ''1. 'i4ttg-.0`1
5 Unloading Delay HR 50 475. 00 j Lt25O ar
Total 4 .161400.
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Page 21 of 20 J
RFB Template 10.10.16
Attachment C: Insurance Requirements
SUPPLIER'S LIABILITY INSURANCE
A. Supplier must not commence work under this contract until all insurance required has been obtained and
such insurance has been approved by the City. Supplier must not allow any subcontractor, to commence
work until all similar insurance required of the subcontractor has been obtained.
B. Supplier must furnish to the City's Risk Manager and Contract Administrator one(1) copy of Certificates
of Insurance with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on 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 Suppliers
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
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
POLLUTION LIABILITY $1,000,000 Per Incident Limit
(Including Cleanup and remediation) $1,000,000 Aggregate
C. In the event of accidents of any kind related to this contract, Supplier 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, Supplier 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 iii statutory amounts
according to the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Supplier is not domiciled in the State of Texas.
B. Supplier shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Supplier'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. Supplier 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. Supplier 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,
Supplier shall provide a replacement Certificate of Insurance and applicable endorsements to City. City
shall have the option to suspend Supplier'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 Supplier'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 Supplier to stop work hereunder, and/or withhold any payment(s) which become due to
Supplier hereunder until Supplier demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Supplier may be
held responsible for payments of damages to persons or property resulting from Supplier's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Supplier'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.
2017 Insurance Requirements
Utilities—Wastewater Treatment Plants
Delivery of Sodium Bisulfite
03/16/17 sw Risk Management
Attachment D: Warranty Requirements
No warranty requirement is needed for this supply 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. 2017-174723
Southern Ionics Incorporated
West Point, MS United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/06/2017
being filed.
City of Corpus Christi Date Ackn wledge
L 13 11
3 Provide the identification number used by the governmental entity or state agency to track or identify the contra t,and provide a
description of the services,goods,or other property to be provided under the contract.
RFB 1026 Sodium Bisulfite
RFB 1026 Sodium Bisulfite
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Sundbeck, Milton West Point, MS United States X
•
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
"''' I'll,
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NOTARY PUBLIC Signature of au orized agent of contracting business entity
ID No.111010 _
7. My Comm.Expires
AFFIX NOTAR1S,STAMF,DPS11v L29 gVEE Z
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Swor4 t nd subscrf fS tmi ``[�$ V,'fhe said \Y C\--( D 'b� ,this the (O r day of VIM"`" ,
20 ` ,to certify whicA'Irtness my hand and seal of office.
tia.A.Ada- Tan liavvt_ c Nyavi _
gnature of officer administering oath Printed name of officer administering oath Title of officer administeri th
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277