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HomeMy WebLinkAboutC2017-257 - 8/29/2017 - Approved 0.0"4 mph: p m SERVICE AGREEMENT NO. 1178 ....POft PSE 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