HomeMy WebLinkAboutC2021-330 - 12/7/2021 - ApprovedSupply Agreement Standard Form Page 1 of 7
Approved as to Legal Form May 20, 2021
SUPPLY AGREEMENT NO. 3808
Sodium Bisulfite
THIS Sodium Bisulfite Supply Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”)
and Southern Ionics, Incorporated (“Contractor"), effective upon execution by the
City Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide Sodium Bisulfite in response to Request
for Bid No. 3808 (“RFB”), which RFB includes the required scope of work and all
specifications and which RFB and the Contractor’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 Contractor agree as follows:
1. Scope. Contractor will provide Sodium Bisulfite 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.
(A)This Agreement is for two years. The parties may mutually extend the term
of this Agreement for up to zero additional zeror-year periods (“Option Period(s)”),
provided, the parties do so in writing prior to the expiration of the original term or
the then-current Option Period.
(B)At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days’ written notice to the other Party.
3.Compensation and Payment. This Agreement is for an amount not to exceed
$1,139,280.00, subject to approved extensions and changes. Payment will be
made for goods delivered and accepted by the City within 30 days of
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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. Any amount not expended during the initial term or any
option period may, at the City’s discretion, be allocated for use in the next Option
Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
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: Joanna Moreno
Department: Utilities Department
Phone: (361) 826-1649
Email: JoannaM@cctexas.com
5. Insurance. 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.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor 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 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 products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
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7.Inspection and Acceptance. City may inspect all products supplied before
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 Contractor, 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 Contractor within 30 days of receipt of City’s invoice.
8. Warranty.
(A)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.
(B)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 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 products 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.
12. Subcontractors. In providing the Goods, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
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 applicable 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: Contracts/Funds Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361) 826-1649
Fax: (361) 826-4495
IF TO CONTRACTOR:
Southern Ionics, Incorporated
Attn: Khristy D. Todd
Title: Manager of Corporate Services
Address: 579 Commerce Street, West Point, MS 39773
Phone: (662) 494-3055 ext. 207
Fax: (662) 495-2590
17.CONTRACTOR SHALL FULLY 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
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
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AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. 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 OR RESULTING 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 may terminate this Agreement for Contractor’s failure to comply with
any of the terms of this Agreement. The City 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 may terminate this
Agreement immediately thereafter.
(B)Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20.Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
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22. 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.
23.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 (excluding attachments and exhibits);
B.its attachments;
C.the bid solicitation document including any addenda (Exhibit 1); then,
D.the Contractor’s bid response (Exhibit 2).
24.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 if required
by said statute.
25.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. 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.
26.Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. 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)
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CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
_________________________________________________
Josh Chronley
Assistant Director, Contracts and Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. 3808
Exhibit 2: Contractor’s Bid Response
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11/8/2021
Khristy D. Todd
Manager Of Corporate Services
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12-07-2021
M2021-219___________________Authorized By
Council ________________________
12/15/2021
ATTEST:
_____________________________
Rebecca Huerta
City Secretary
Revised 11.30.20
Attachment A - Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide 38-44% Sodium Bisulfite Solution as outlined in this
Scope of Work to be used at the City of Corpus Christi Wastewater Treatment
Plants. This chemical is used for dechlorination of wastewater and must conform
to all the requirements of this specification.
1.2 Product Specifications
The Sodium Bisulfite Solution (Aqueous) delivered under this agreement will meet
the following specifications:
Item Weight
Sodium bisulfite concentration 38 - 44%
Sodium sulfite concentration < 1%
Sodium sulfate concentration < 2%
pH 3.5 – 5.0
1.3 Performance Requirements
1.The Contractor 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.
2.The Contractor shall provide Safety Data Sheet(s).
3.The Contractor must provide a chemical analysis for each chemical shipment,
which shall include % sodium bisulfite concentration by weight, % sodium sulfite
concentration by weight, % sodium sulfate concentration by weight, the
specific gravity of the solution, and appearance of the solution as outlined in
the product specifications. The Supplier must attach a copy of the form to be
used for providing the results of this chemical analysis with the bid documents.
4.Plant Supervisors, or their designee, may take a sample of any chemical
shipment for testing prior to unloading of the chemical. The City may reject any
chemical shipments that contain a concentration of any component outside
the allowable concentration range as specified in the product specifications.
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5.In addition, approximately every three 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 included in the product specifications.
1.4 Delivery and Weighing Requirements
1.Deliveries shall be made in Contractor’s company trucks and driven by a
company driver and shall have the DOT permit and other State/Federal
licenses, if applicable. Drivers must be thoroughly trained and familiar with the
related hazards, safety measures, and spill cleanup procedures for sodium
bisulfite solution. If the Contractor wishes to use a sub-contractor, a properly
licensed and permitted commercial carrier, the Supplier must obtain prior
written approval from the Contract Administrator.
2.The Contractor shall have the proper trucks, equipment, compressors to offload
the chemical. The City will not supply this equipment.
3.Delivering and off-loading of chemical must be in accordance with OSHA and
industry standards.
4.Shipment sizes will average approximately 4,000 to 5,000 gallon lots.
5.Delivers shall be made between 8:00 a.m. to 4:00 p.m., Monday through Friday,
excluding holidays unless specific arrangements are made otherwise. The City
may request weekend deliveries from 8:00 a.m. to 12:00 p.m., with prior
arrangements. Deliveries arriving at times other than those above cannot be
off-loaded until the specified unloading times, unless prior arrangements have
been made.
6.Orders will be placed by telephone or email. The Contractor will deliver the
order of Sodium Bisulfite solution ordered within twenty-four (24) hours of order
placement.
7.Each chemical shipment must be weighed on a state certified truck scale
located within city limits of Corpus Christi before delivery to and after unloading
at the wastewater treatment plants. The Contractor shall provide a legible
copy of each chemical weight ticket to the respective City of Corpus Christi
wastewater plant supervisor within 5 business days of delivery of the chemical.
Payments to the Contractor will not be processed unless this requirement is met.
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8.The City will not be responsible for any demurrage charges which result from
deliveries arriving at any other time than the specified time, or from the
transporters’ failure to have all required off-loading equipment present and
operating when off-loading is scheduled to begin.
9.A city representative must be present upon delivery, to sign/date the delivery
ticket. Any tickets present to the city for payment with a city representative
signature/date may be denied for payment. All tickets must be original, no
faxes accepted.
10. Any unloading delays which are attributable to the City will be paid for at the
unit price bid for “Unloading Delays,” rounded to the nearest quarter hour. This
amount shall be included with the invoice for payment for that particular load
of chemical.
11. The frequency of deliveries is dependent upon the requirement of keeping an
adequate inventory of Sodium Bisulfite in all tanks for the proper technical
control of Wastewater Sodium Bisulfite.
1.5 Spills
1.All spills and leakage, regardless of size must be properly and immediately
cleaned up by Supplier’s personnel.
2.The Contractor is required to respond to any and all such emergencies within
eight (8) hours of being notified.
3.Spill clean-up must be conducted in accordance with all Federal, State, and
local regulations.
1.6 Locations and Capacities
Plant Address Gallons
Broadway WWTP 801 Resaca 10,000
Oso WWTP 601 Nile 19,500
Allison WWTP 4101 Allison Dr. 10,000
Laguna Madre WWTP 201 Jester 10,000
1.7 Additional Requirements
1.The Contractor shall base its billing and quantity for each chemical shipment on
“local” certified weight tickets for the delivery of Sodium Bisulfite Solution, by
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weight in pounds, based on actual percentage of Sodium Bisulfite by weight,
as indicated in the chemical analysis for that load.
2.The Contractor must submit the chemical analysis, weight ticket, and bill of
lading with each invoice.
3.Prior to initial use of the Sodium Bisulfite solution, and annually thereafter, the
Contractor shall conduct a minimum of two (2) training seminars for the City’s
operating personnel on the application and control of the Sodium Bisulfite
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
1.8 Quality Control and Technical Support
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
1.9 Invoicing
A. The Contractor shall submit an itemized invoice for payment, which shall
include the following:
1.Service Agreement No. and PO No.
2.Name and address of service location
3.Description of service work
4.Itemized list of parts repaired/replaced
B. The Contractor shall mail the original invoice to the address below and email
a copy to Utilitiesdept@cctexas.com.
City of Corpus Christi
Attn: AP/Utilities Dept.
P.O. Box 9277
Corpus Christi, TX 78469-9277
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Attachment B- Bid/Pricing Schedule
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Attachment C- Insurance Requirements
CONTRACTOR’S LIABILITY INSURANCE
1.Contractor must not commence work under this agreement until all insurance
required herein has been obtained and approved by the City's Risk Manager
or designee. Contractor must not allow any subcontractor to commence work
until all similar insurance required of the subcontractor has been so 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 for the General Liability and Auto Liability policies by endorsement, and
a waiver of subrogation endorsement is required on GL, AL and WC if
applicable. Endorsements must be provided with Certificate of Insurance.
Project name and/or number must be listed in Description Box of Certificate of
Insurance.
3.In the event of accidents of any kind related to this project, Consultant must
furnish the Risk Manager with copies of all reports of such accidents within 10
days of the accident.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability
including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1.Owned
2.Hired & Non-owned
3.Rented & Leased
$1,000,000 Combined Single Limit
WORKERS’ COMPENSATION
(All States Endorsement if Company is
not domiciled in Texas)
Employer’s Liability
Statutory and complies with Part II of t
Exhibit.
$500,000 / $500,000 / $500,000
POLLUTION LIABILITY $1,000,000 Per occurrence
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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 an amount sufficient to assure that all workers’
compensation obligations incurred by the Contractor will be promptly met. An
All States endorsement shall be required if consultant 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 replacement Certificate of Insurance to
City at the address provided below within 10 days of any change made by the
Contractor or as requested by the City. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City
at the following address:
City of Corpus Christi
Attn: Risk Management
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
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
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Provide 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 calendar days advance written notice for nonpayment of
premium.
5.Within five 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 Consultant 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 agreement
2021 Insurance Requirements
Ins. Req. Exhibit 1-B
Purchase Contracts – Supply Agreements – Equipment Leases
Hazardous Chemicals Delivered to City
05/10/2021 Risk Management – Legal Dept.
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Attachment D - Warranty Requirements
“No manufacturer’s warranty required for this Agreement.”
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