HomeMy WebLinkAboutC2017-267 - 9/12/2017 - Approved 4/US
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MOc\\\ SUPPLY AGREEMENT NO. 1149
\1852 Sodium Hypochlorite
THIS Sodium Hypochlorite Supply Agreement ("Agreement") is entered into by
and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Brenntag Southwest, Inc. ("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 Hypochlorite in response to
Request for Bid No. 1149 ("RFB"), which RFB includes the required scope of work
and all specifications and which RFB and the Supplier's bid response are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as
if each were fully set out here in its entirety.
NOW, THEREFORE, City and Supplier agree as follows:
1. Scope. Supplier will provide Sodium Hypochlorite in accordance with the
attached Scope of Work, as shown in Attachment A, the content of which is
incorporated by reference into this Agreement as if fully set out here in its
...entirety. "Goods," "products", and "supplies", as used in this Agreement,
refer to and have the same meaning.
2. Term. This Agreement is for 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 $1,498,465.05, 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 under
this Agreement, including deductions for non-performance and
r.,,,„f C,,,r .c rhddi Page 1 of 7
2017-267
9/12/17
M2017-139
Brenntag Southwest Inc.
INDEXED
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
Agreement shall be warranted by the Supplier or, if indicated in Attachment
City of Corpus Christi Page 2 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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 001 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
Title: Contract Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Fax: (361) 826-1715
IF TO SUPPLIER:
Brenntag Southwest, Inc.
Attn: W. Thomas Crain, Jr.
Title: President
Address: 610 Fisher Road, Longview, Texas 75604
Fax: (972) 218-3501
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 THE INJURIES, DEATH
OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE
City of Corpus Christi Page 4 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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, tor 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,
City of Corpus Christi Page 5 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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: fiti-' C.—Xi--
Printed
/< "Printed Name: W Thomas Crain, Jr,
Title: President
•
Date: August 22, 2017
CITY OF CORPUS CHRISTI
Signature:
Printed Name: v
��(�1, i "mak v c_ z
Title: Pr cJ c cwt r .o
Date: `I - 1 S- l 7
ATTEST: ) L
EBECCA HUERTA
Attached and Incorporated by Reference: CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements 1l J -2j1:LL..-
Incorporated by Reference Only: 0 CONCH._ 1
_ r ..1
Exhibit 1 : RFB No. 1 149 MKT
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
r
Attachment A - Scope of Work
1.1 General Requirements/Background Information
A. The Supplier shall provide 10-15% Sodium Hypochlorite Solution (Aqueous) as
outlined in this Scope of Work to be used at the City of Corpus Christi Water and
Wastewater Treatment Plants. This chemical is used for disinfection of the water
and wastewater and must conform to all the requirements of this specification.
1.2 Scope of work
The Supplier shall provide with every delivery a chemical analysis for each
chemical shipment, which shall include % sodium hypochlorite by weight,
available chlorine by weight, %excess sodium hydroxide by weight, specific gravity
of the solution, and general appearance as outlined in the product specifications.
MATERIAL REQUIREMENTS:
The Sodium Hypochlorite Solution (Aqueous) delivered under this agreement
will meet the following specifications:
Item Weight
Sodium hypochlorite 10 - 15%
concentration
Sodium chloride concentration 5 - 13%
Sodium hydroxide concentration < 0.5%
Iron contamination, mg/L < 2
Copper contamination, mg/L < 1
pH 12.5 - 13.5
RFB Template Revised 04.06.17
1.3 Delivery and Weiahina Reauirements
1. The Supplier will be responsible for unloading the chemical. The Supplier shall
provide any special equipment necessary for unloading, up to and including,
hoses, connections, compressors, etc.
2. The Supplier must provide an affidavit of compliance to the 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.
3. City of Corpus Christi Plant Supervisors, or their designee, may take a sample of
any chemical shipment for testing prior to unloading of the chemical. In
addition, approximately every three (3) months during the supply agreement,
the City will take a random sample of the chemical upon delivery. This sample
will be sent to an independent laboratory chosen by the City, and tested for all
items outlined in the product specifications.
4. The Plant Supervisor may reject any chemical shipments that contain a
concentration of any component outside the allowable concentration range
as specified in the product specifications.
5. Deliveries of Sodium Hypochlorite solution must be by drivers thoroughly trained
and familiar with the related hazards, safety measures, and spill cleanup
procedures for sodium hypochlorite solution. All spills and leakage, regardless
of size must be properly and immediately cleaned up by Supplier's personnel.
The Supplier shall be required to respond to any and all such emergencies within
eight (8) hours of being notified.
6. The Contractor shall allow two (2) hours "unloading time" for each chemical
shipment, starting from the time the load enters the plant site to the time the
unloading of the chemical shipment is completed. Unloading of the chemical
is complete when unloading apparatus is disconnected from storage facilities
and secured, and a designated City of Corpus Christi representative has signed
all delivery tickets for each respective load. Any unloading time in excess of
two (2) hours which is directly attributable to the City will be paid for at the unit
price bid for "Unloading Delays," rounded and prorated to the nearest quarter
hour. This amount shall be included with the invoice for payment for that
particular load of chemical.
7. Shipment(s) will be in approximately 4,000 gallons to maximum 16,000 gallon
lots. Shipment deliveries to the Sand Dollar Pump Station will be in 1,100 gallon
one-way totes of 10% Sodium Hypochlorite solution. Shipment deliveries to the
Staples Pump station will be in bulk of 12.5%Sodium Hypochlorite solution. Each
RFB Template Revised 04.06.17
chemical shipment must be weighed on a state certified truck scale located
within the city limits of Corpus Christi before delivery to and after unloading at
the wastewater treatment plants.
8. The Supplier shall be responsible for mailing a legible copy of each chemical
shipment weight "ticket' to the respective City of Corpus Christi Water and
Wastewater Plant Supervisor within 5 business days of delivery of the chemical.
Payments to the Supplier will not be processed unless this requirement is met.
9. Deliveries shall be made between 8:00 a.m. and 5:00 p.m., Monday through
Sunday, excluding holidays, unless specific arrangements are made otherwise.
10.Orders will be placed by telephone or email. The Supplier will deliver the
amount of Sodium Hypochlorite solution ordered within twenty-four (24) hours
of order placement. No minimum or maximum purchase of Sodium
Hypochlorite is guaranteed by the City within the duration of the contract.
1.4 Deliveries will be made to the followina locations:
Broadway Treatment Plant- 1402 W. Broadway, Corpus Christi, Texas
Oso Treatment Plant-601 Nile, Corpus Christi, Texas
Allison Treatment Plant-4101 Allison Drive, Corpus Christi, Texas
Laguna Madre Treatment Plant-201 Jester, Corpus Christi, Texas
Sand Dollar Pump Station*- 14201 Sand Dollar Avenue, Corpus Christi, Texas
Staples Pump Station*-5501 County Road 43, Corpus Christi, Texas
*Reference Delivery Requirements Item #7 in Section 4.3, page 19.
1.5 Other Requirements
1. All materials supplied must comply with all requirements and standards of the
Occupational Safety and Health Act (OSHA). All appropriate markings shall be
in place before delivery. Items not meeting OSHA specifications will be refused.
2. The Supplier shall base its billing and quantity for each chemical shipment on
"local" certified weight tickets for the delivery of Sodium Hypochlorite Solution,
by weight in pounds, based on actual percentage of Available Chlorine by
weight, as indicated in the chemical analysis tor that load.
RFB Template Revised 04.06.17
3. The Supplier must submit the chemical analysis, weight ticket, and bill of lading
with each invoice.
4. Prior to initial use of the Sodium Hypochlorite solution, and annually thereafter,
the Supplier shall conduct a minimum of two {2) training seminars for the City's
operating personnel on the application and control of the Sodium Hypochlorite
solution, and shall include the following:
a. Basic chemical properties of the Sodium Hypochlorite solution
b. Safety training
c. Equipment operation/set up
d. Safety Data Sheet
1.6 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Supplier will also provide supervision of the
work to insure it complies with the contract requirements.
Page 21 of 22
RFB Template Revised 04.06.17
Usc Attachment B - Bid/Pricing Schedule
w°° ill t CITY OF CORPUS CHRISTI
(§C)
;..4 BID FORM
o r PURCHASING DIVISION
ry n
RFB No. 1149
0 t,
1852 RFB Sodium Hypochlorite }'
PAGE 1OF1
Date: August 2. 2017
Authorized
Bidder: Brenntag Southwest, Inc. Signature: �. �� I
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.
4. Bidders must not write over or revise the bid form. Bidders will be considered Non-
Responsive if the bid form is modified.
Item Description UNIT QTY Unit Price Total Price
1 Broadway Plant GAL 676,888 $0.5349/Gal $362,067.39
2 Oso Plant GAL 1,500,000 $0.5349/Gal $802,350.00
3 Allison Plant GAL 175,248 $0.5349/Gal $93,740.16
4 Laguna Madre Plant GAL 150,000 $0.5349/Gal $80,235.00
5 Sand Dollar Pump Station (1,100
gallon one way totes)-10%
_ solution GAL 57,600 $2.05/Gal $118,080.00
6 Staples Pump Station (bulk)-
12.5% solution GAL 75,000 $0.5349/Gal $40117.50
7 Unloadin Dela HR 25 $75.00/Hour $1,875.00
Total
$1 498 465.05 •
4
Attachment C - Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
A. 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.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (I) 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 Contractors
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, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
11. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company.The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in 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.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the temi 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. 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, 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,
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.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor maybe
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.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this contract.
t 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
Supply and Deliver 10-15% Sodium Hypochlorite Solution(Aqueous)
06/28/2017 sw Risk Management
Attachment D -Warranty Requirements
No warranty requirements for this supply agreement; Section 8.
Warranty is null for this supply agreement.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
l ort
Complete Nos.]. 4 and 6 if there are interested parties. OFFICE USE ONLY
Convict¢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.
Brenntag Southwest,Inc. 2017-221077
Longview,TX United States
Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06408!2017
being filed.
City of Corpus Christi Date
T knnoowwl dged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract aAprovide a
description of the services,goods,or other property to be provided under the contract.
1149
Sodium Hypochlorite
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Cannolling j Intermediary
Brenntag North America,inc. Reading,PA United States X
5 Check only if there is NO Interested Party. ❑
AFFIDAVIT
I swear,or affirm,under penalty of perjury,hal the above disclosure is true and correct.
,t.. KRISIA CADENHEAD
'g:' '., NOTARY PUBLIC , I ,
IOeeal Texas
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Slate of Texas
t2'aFiLs) Como.Eros::Y02020 '(///'-f authorized
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agent contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE lfI { '"� Q I u'
Q , rIp
Sworn to and subscribed before me by the said OF //(V/ILO I y( r�� this the L day of
20 I.1 .to coney which,witness my hand and seal of office.
bole2loi /j/Pe fkCl l dal �
Sig Lure o officer administering oath Printed name al officer administering oath Tide of officer gtlministering e h
Forms provided by Texas Ethics Commission www.elhics.statewc us Version V1.0.083