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SERVICE AGREEMENT NO. 1178
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1852 Unleaded Gasoline & Ultra-Low Sulfur Diesel
(TX LED) Fuel Delivery Service
THIS Unleaded Gasoline & Ultra-Low Sulfur Diesel (TX_ LED) Fuel Delivery
Service Agreement ("Agreement") is entered into by and between the :City
of Corpus Christi, a Texas home-rule municipal corporation ("City") and
Petroleum Traders Corporation ("Contractor"), effective upon execution
by the. City Manager or.the City Manager's designee ("City Manager").
WHEREAS, Contractor has. bid to provide Unleaded Gasoline .& Ultra-Low
Sulfur Diesel (TX LED) Fuel Delivery Service in response to Request for Bid/Proposal
No. 1178 ("RFB/RFP"), which RFB/RFP includes the required scope of work
and all specifications and which RFB/RFP and the Contractor's bid or proposal.
response, as applicable, are incorporated by reference in this Agreement as
Exhibits 1 and 2, respectively, as if each were fully set out herein its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Unleaded Gasoline & Ultra-Low Sulfur Diesel
(TX LED) Delivery Service ("Services") in accord'ance 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, and in accordance with Exhibit 2.
2. Term. This Agreement is for twelve _months, with performance commencing
upon the date of issuance of a notice to proceed from the Contract
Administrator or Purchasing Division.- This Agreement includes an option to
extend the term for up to two 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 o_ f the Contractor and
the City Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $2,559,424.88, subject to approved extensions and changes.
Payment will be made for Services completed 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 -
City of Corpus Christi Page 1 of 8
2017-257
8/29/17
M2017-129 '
Petroleum Traders Corporation
A ® E®
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 under
this Agreement, including deductions for non-performance and
authorizations for payment. The City's Contract Administrator for this
Agreement is as follows:
Name: Erlinda Klubertanz
Department: General Services
Phone: 361-826-1903
Email: Erlinda@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor
must deliver a certificate of_ insurance ("COI"), as proof of the required
insurance coverages, to the City's Risk Manager and the Contract
Administrator. Additionally, the COI must state that the City will be given at
least 30 days' advance written notice of cancellation, material change in
coverage, or intent not to renew any of the policies. The City must be named
as an additional insured. The City Attorney must be given copies of all
insurance policies within 10 days of the City Manager's written request.
Insurance requirements are as stated in Attachment C, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety.
(B) In the event a payment bond, a performance bond, or both, are __
required of the Contractor to be provided to the City under this Agreement
before performance can-commence, the terms, conditions, and amounts
required in the bonds and appropriate surety information are as included in -
the RFB/RFP or as may be added to Attachment C, and such content is
incorporated here in this Agreement by reference as if each bond's terms,
conditions, and amounts were fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its
right to specify time, place and quantity of Services 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
City of Corpus Christi Page 2 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Services will not be rendered until the Contractor receives the signed
purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not
accepted by the City must be corrected or re-worked immediately at no
charge to the City. If immediate correction or re-working at no charge
cannot be made by the Contractor, a replacement service may be
procured by the City on the open market and any costs incurred, including
additional costs over the item's bid/proposal price, must be paid by the
Contractor within 30 days of receipt of City's invoice.
8. Warranty. 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. 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 Service 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 Services 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.
City of Corpus Christi Page 3 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
12. Subcontractors. Contractor may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors,
however, the Contractor must obtain prior written approval from the
Contract Administrator if the subcontractors were not named at the time of
bid or proposal, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors
and their employees to the same extent as if the Contractor and its
employees had performed the work.
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 Contractor 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-CIT '—
. City of Corpus Christi
Attn: Erlinda Klubertanz
Title: Operations Manager
Address: 5352 Ayers, Bldg 3B, Corpus Christi, TX 78415
Fax: 361-826-4394
IF TO CONTRACTOR:
Petroleum Traders Corporation
Attn: Linda Stephens
Title: Vice President
Address: 7120 Pointe Inverness Way, Fort Wayne, IN
Fax: 260-203-3820
City of Corpus Christi Page 4 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY OF CORPUS CHRIST! 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 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.
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 FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS,
DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS_ SECTION SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS
AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure
to 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 Contractor written notice of the breach
and set out a reasonable opportunity to cure. If the Contractor has not
cured within the cure period, the City Manager may terminate this
Agreement immediately thereafter.
City of Corpus Christi Page 5 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The
City Manager may also terminate this Agreement upon 24 hours written
notice to the Contractor for failure to pay or provide proof of payment of
taxes as set out in this Agreement.
19. 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.
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 Contractor's bid response (Exhibit 2)
22.- 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.
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
City of Corpus Christi Page 6 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
all prior negotiations, arrangements, agreements and understandings, either
oral or written, between the parties.
(SIGNATURE PAGE FOLLOWS)
City of Corpus Christi Page 7 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
CONTRACTOR
Signature: -:C "Ze ,��
Printed Name: Vicki Nimes
Title: Vice President
Date: 7/17/2017
CITY OF CORPUS CHRISTI
Signature: t
Printed Name: (rcx,r p "Pg_kra
Title: P r D c_
Date: 17' 31) I i `-7
ATTEST „
REBECCA HUERTA
ccF ETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements
U1 HUkt t►
Incorporated by Reference Only: !r COMM E 2-9
Exhibit 1: RFB/RFP No. 1 178 �'"' "• -
Exhibit 2: Contractor's Bid/Proposal Response
City of Corpus Christi Page 8 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment A: Scope of Work
1 General Requirements/Background Information
This procurement is a Request for Bids (RFB) for the purchase and delivery of Unleaded
Gasoline and Ultra Low Sulfur Diesel (TX LED) Fuel. Product will be delivered on as
needed basis to the City's locations shown in Exhibit A.
2 Scope of work
A. The Contractor shall provide all labor, transportation and supervision during the life
of the contract. The Contractor must be adequately equipped, supplied and
staffed to promptly and efficiently meet the City's requirements. The Contractor
shall ensure that a vapor recovery hose and connection system are properly
installed prior to transferring and dispensing fuel. Drivers are not to leave hoses
unattended during fueling operations.
B. The Contractor shall take all due precautions to prevent spillage of these products
during delivery. Proper equipment maintenance constant inspection, and where
necessary, the use of collection pans during fuel transfer,will be employed to avoid
leaks or spills. In the event of a spill, the Contractor shall be responsible for
immediate containment, mitigation of the effects of the spill and cleanup of the
spilled products at no cost to the City of Corpus Christi. Should the Contractor fail
to take immediate action, the City may contract with a third party to accomplish
the required control actions and will hold the Contractor responsible for the cost
incurred and may be grounds for termination of the contract. A copy of the
Contractor's spill containment policy may be requested.
C. The services required under this procurement are vital to the operation of the City
of Corpus Christi and required during Emergency Situations such as hurricanes and
other catastrophes, whether man made or natural. Time is of the essence during
these situations and the Contractor should be able to be contacted at anytime,
day or night during those periods. Please provide emergency contact information
as part of the bid proposal form response. Upon request, the Contractor must be
prepared and ready to deliver tankers of Gas and Ultra Low Sulfur Diesel (TX LED)
fuel to the Service Center located at 5352 Ayers.
D. The City of Corpus Christi will take PRIORITY over contracts the successful bidder
may have during emergency situations.
E. If the Contractor is unable to meet the emergency requirement, the City will locate
and purchase the required fuel and any cost incurred, including additional cost
over the bid price, will be charged to the Contractor.
F. The Contractor must submit a copy of the OPIS price (published for date of
delivery) with each invoice.
RFB Template Revised 04.28.17
3. Special Instructions
A. The City reserves the right to have diesel fuel tested by a recognized
independent petroleum testing laboratory at the supplier's expense.
B. These test can be scheduled at any time the City deems necessary; not to
exceed three times during the twelve month contract term.
C. The Bidder must submit, with each delivery, Material Safety Data Sheet/s (MSDS)
similar to the U.S. Department of Labor form LSB-00 S 5.
D. Vendors must comply with all ASTM test methods as required by TITLE 30
ENVIRONMENTAL QUALITY, PART 1 TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY, CHAPTER 114 CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES,
SUBCHAPTER H LOW EMISSION FUELS, DIVISION 2 LOW EMISSION DIESEL RULE
§114.315 APPROVED TEST METHODS (TX LED), September 13, 2012, in order to be
considered responsive.
httgs://www.tcea.texas.gov
Delivery Requirements
A. For fuel orders placed by the Maintenance Service Department between 8:00
a.m. and 9:00 a.m., delivery shall be made prior to 5:00 p.m. same day. Fuel
orders placed after 9:00 a.m. shall be delivered the following day before noon.
If the deliveries are made within the time required, the City reserves the right to
locate the product and any cost incurred, including additional cost over the bid
price, will be charged to the Contractor.
B. Upon request, fuel deliveries will be made to the requesting departments shown
in Exhibit A.
C. Refinery manifest indicating gross/net gallons must accompany all deliveries. All
tank wagons making deliveries must be metered and must be verified by City
personnel.
D. The Contractor must submit, with their bid, a typical analysis of each product
being proposed and unleaded fuel must indicate a minimum octane rating of
85 or 87.
E. The Contractor must submit, with their bid, a Material Safety Data Sheet/s (MSDS)
essentially similar to the U.S. Department of Labor form LSB-00-S5 for each
product.
RFB Template Revised 04.28.17
Exhibit A Locations
Location Tank Total Above/Under Ground
Capacity
Unleaded Gasoline Octane 87 •
Fire Station No. 14
5901 S. Staples 1 1,000 Above Ground
Corpus Christi, TX 78413 Gallons
Maintenance Services
5352 Ayers 10,000
y 2 Gallons Under Ground
Corpus Christi, TX 78415
International Airport- Aviation 1,000
1000 International 1 Gallons Above Ground
Corpus Christi, TX 78406
Storm Water
Power Street Station A. 2,800 Above Ground
1218 N. Water Gallons
Corpus Christi, TX 78401
Ultra Low Sulfur Diesel (TX LED)
Maintenance Services
5352 Ayers 2 10,000 Under Ground
Corpus Christi, TX 78415 gallons
International Airport- Aviation 1,000
1000 International 1 Above Ground
Corpus Christi, TX 78406 Gallons
P&R Beach Operations 500
8185 Hwy 361 1 Above Ground
Corpus Christi, TX 78410 Gallons
Storm Water, Power Street Station A
1218 N. Power 3 600 Above Ground
Corpus Christi, TX 78401 Gallons
Storm Water, Kinney Street Station B 3,000
301 N. Kinney 1 Above Ground
Corpus Christi, TX 78401 Gallons
Water Wesley Seale Dam 500
County Road 365 2 Gallons Above Ground
Corpus Christi, TX 78415
Water O.N. Stevens Plant
13101 Leopard St. 2 10,000 Above Ground
Corpus Christi, TX 78410 Gallons
Waste Water
Whitecap WW Plant 250 Above Ground
13409 Whitecap Gallons
Corpus Christi, TX 78418
RFB Template 10.10.16
Laguna Madre WW Plant 4,000
201 Jester 1 Gallons Above Ground
Corpus Christi, TX 78418
Oso WW Plant
501 Nile 2 Gal0lons Above Ground
Corpus Christi, TX 78412
0
2 Gal5lons Above Ground
0
2 Gal0lons Above Ground
Broadway WW Plant 8,000
1402 Broadway 1 Gallons Above Ground
Corpus Christi, TX 78401
The following estimate is the annual usage (in gallons) of each location:
Diesel
Wesley Seale Dam 2,000
O.N. Stevens W.T.P. 20,000
Beach Operations 13,067
Storm Water Pump 2,100
Whitecap WW Plant 500
Laguna WW Plant 6,000
Oso WW Plant 4,000
Broadway WW Plant 10,000
Airport 4,202
Fleet Maintenance 747,696
Total usage 809,565
Unleaded
Fire Station No. 14 1,000
Airport 165,925
Storm Water Pump 2,800
Fleet Maintenance 576,034
Total usage 745,759
RFB Template 10.10.16
Attachment B: Bid/Pricing Schedule
o�yus
04 Ilii CITY OF CORPUS CHRISTI
ai Revised BID FORM
PURCHASING DIVISION
RFB No. 1178
X852 Unleaded Gasoline and Ultra Low Sulfur Diesel (TX LED)
Date: 6/14/2017 PAGE 1 OF 1
Authorized /
Bidder: _petroleum Traders Corporation Signature: , A
mda Stephens,Vice -.side
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
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
Scheduled
Description Estimated OPTS Price Fixed
Item UnitQty as of Total Markup Extended Price
04/03/17 +/-fee
Unleaded
Gasoline
Transport
1 Gal 735,759 $1.66 $1,221,359.94 -.0048 Q$ 1Q2;7,828.30
Deliveries
2 Tank Wagon Gal 10,000 1`$20,100.00
Deliveries $1.66 $16,600.00 +.3500
Ultra Low
Sulfur Diesel
(TX LED)
3 Transport Gal 784,565 +.0151 $1,274,996.58
Deliveries $1.61 $1,263,149.65
e,1ars
4 Tank Wagon Gal 25,000 +.250 '$46,500.00
Deliveries $1.61 $40,250.00 _:w_ra.cz
1 1 11 _ 11
`There was a mathematical error with contractor's extended price.Contractor was notified and correction were made.
Revised 6/7/2017
Attachment C: Insurance/Bond Requirements
CONTRACTOR'S LIABILITY INSURANCE
1. Contractor must not commence work under this contract until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor, to commence work until all similar insurance
required of the subcontractor has been obtained.
2. Contractor must furnish to the City's Risk Manager and Contract Administrator one
(1) copy of Certificates of Insurance with applicable policy endorsements showing
the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. The City must be listed as an additional insured 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 Per occurrence - aggregate
change 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 Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
Owned
Hired and Non-Owned
Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this
not Exhibit.
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
RFB Template 10.10.16
POLLUTION LIABILITY $1,000,000 Per Incident Limit
(Including Cleanup and remediation) $1,000,000 Aggregate
3. In the event of accidents of any kind related to this contract, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
ADDITIONAL REQUIREMENTS
1. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in statutory amounts
according to the Texas Department of Insurance, Division of Workers'
Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
2. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof,_at Contractor's sole expense, insurance
coverage written on an occurrence basis by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of no
less than A- VII.
3. Contractor shall be required to submit 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
4. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations,
RFB Template 10.10.16
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.
5. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
6. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
7. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this contract.
8. It is agreed that Contractor's insurance shall be deemed primary and non- --
contributory with respect to any insurance or self-insurance carried by the City
of Corpus Christi for liability arising out of operations under this contract.
9. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2017 Insurance Requirements
City of Corpus Christi—Purchasing Division
Delivery Services of Gasoline and Diesel
03/17/17 sw Risk Management
RFB Template 10.10.16
Attachment D: Warranty Requirements
Section 8. Warranty. Is not required for this Serivce Agreement.
j ..
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
] of1
Complete.Nos:1=4 and 6 ifthere areinterested parties. OFFICE.USE ONLY .. .
CompleteNos.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. 2017-235425
Petroleum Traders Corporation . .
Fort Wayne,IN United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/12/2017
being filed. Q
City of Corpus Christi. DatAckn /wlledged:�V'
U 3+ "Lo
3 Provide the identification number used by the governmental entity or state agency to.track or identify the ontra t,and provide a
description of the services,goods,or other property to be.provided under the contract.
1178
Fuel Provider
4 .. .. Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling IIntermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT am- — I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
-
•A'•••7••
�"p,utt",?!� MICHELLE RENEE BEARD
a• •• . Notary Public, Slate of Indiana
::1orAar-'. % Allen County.. / /7
°*'—` Commission N 618788 •
SEAL ' .\ ..
%% �. My Commission Expires / / y /77•1-7:2-1
l/
'',/;;;;;;;;"JJune 10,.2018 %�/
'
ignature of authorized agetff of contracting business entity
Vicki L. Himes,Vice President
AFFIX NOTARY STAMP 1 SEAL ABOVE
Sworn to and subscribed before me,,bythe said Vicki L.Rimes,Vice President ,this the 12th day of July
20 17 ,to certi which,witness my hand and seal of office.
\\.( Michelle Beard Notary
'Signature of officer administering oath Printed name of officer administering oath Titleof officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0;883