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Home My WebLink AboutR2023-026 2023-01-23DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 RESOLUTION NO. R2023-26 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit price contract for utility chemicals to DXI Industries, in the estimated amount of $216,000.00, for the period of January 24, 2023 through January 23, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City solicited bids for utility chemicals. Section 2. That the City Council hereby awards a unit supply contract to DXI Industries, in the unit supply amount shown on Exhibit "A", attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a contract for utility chemicals. PASSED, APPROVED and ADOPTED this the 23rd day of January, A.D., 2023. DocuSigned by: '-64881A61593r4r2.. J. KEVIN COLE MAYOR ATTEST: DocuSigned by: Fra n.Gt-s gluitzur FRAKratSFAGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: GY~ � DADA /1.F4 OKER CITY ATTORNEY RFP#1022-16 - Water Chemical and Supply Analysis Item Description UOM EST QTY DXI G20 Hawkins Polydyne PVS Internatio 1 Liquid Polyphosphate Blend Gallon 10000 15.5 WP 2 Zinc Orthophosphate Gallon 200 12.5 WP 3 Sodium Hypochlorite 12.5%. Enter a price per gallon for a truckload. Gallon 250000 2.05 1.95 WW 4 Sodium Hypochlorite 12.5%. Enter a price per gallon for LESS than a truckload. Gallon 500000 2.95 3.5 2.7 3.14 SW/WP 5 Liquid Ammonium Sulfate. Enter a price per gallon for a truckload. Gallon 130000 3 2.63 SW 6 Liquid Ammonium Sulfate. Enter a price per gallon for LESS than a truckload. Gallon 130000 3.95 2.94 WP 7 Liquid Sodium Bisulfite, 40% Solution. Enter a price per gallon for a truckload. Gallon 185000 2.12 WW 8 Liquid Sodium Bisulfite, 40% Solution. Enter a price per gallon for LESS than a truckload. Gallon 185000 3.5 3.26 WW 9 Liquid Sodium Bisulfite, 40% Solution. Enter a price per 55 gallon drum. Each 10 275 282.9 SW 11 Citric Acid, 50% Solution. Enter a price per gallon for LESS than a truckload. Gallon 300 15 SW 13 Sulfuric Acid, 93% Solution. Enter a price per gallon for LESS than a truckload. Gallon 200 9.5 SW 14 Liquid Sodium Hydroxide, 25% Solution. Enter a price per gallon for a truckload. Gallon 20000 3 1.5857 SW 16 Liquid Sodium Chlorite, 25% Solution. Enter a price per gallon for a truckload. Gallon 10000 6.58 8.6 SW 18 Aluminum Chlorohydrate. Enter a price per gallon for a truckload. Gallon 125000 4.67 5.55 SW 20 Chlorine Gas. Enter a price per pound fora 1 ton cylinder. Pound 150000 1.2247 SW 21 Chlorine Gas. Enter a price per pound for a 150 pound cylinder. Pound 25000 1.7328 WW/WP 22 Clarifloc CE 2374 or approved equal. Enter a price per gallon for a truckload. Offer is in price per gallon for 55 Gal. Drums filled to 450 Lbs. Density conversion factor: 8.6 Lbs/Gallon Gallon 7000 14.104 WW 23 Clarifloc CE 2374 or approved equal. Enter a price per gallon for LESS a truckload. Offer is in price per gallon for 275 Gallon Totes filled to 2 300 Lbs. Densit conversion factor: 8.6 Lbs/Gallon Gallon 7000 14.104 WW 25 Clarifloc A -210P or approved equal. Enter a price per gallon for LESS a truckload. Offer is in price per gallon for minimum 2,000 gallon LTL bulk. Density conversion factor: 8.8 Lbs/Gallon Gallon 7000 14.08 SW 26 Periodic Water Analysis on well water/distribution systems Each 12 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SUPPLY CONTRACT NO. RFP1022-16D WATER TREATMENT CHEMICALS AND SUPPLY SERVICES THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home - rule municipal corporation ("City") and DXI Industries, Inc ("Contractor"), and consisting of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Supplies: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: II. Signatures PilillcCiFeREARLAND DXI Industries, Inc 1919 Jacintoport Blvd. Houston, TX 77015 Water Treatment Chemical and Supply Services $216,000.00 January 24, 2023 January 23, 2024 2 R2023-26; RFP #1022-16 CONTRACTOR aVa 2/7/2023 I 2:08 PM CS� Purch sin(g� Officer Date Title: , ,� 3s �,-�n ' -Docugned o9: 2/8/2023 I 6:22 AIV tf 1-838612DC7161-\3... *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager — up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 6 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies ("Supplies") in response to RFP #1022-16 ("Solicitation"), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Contract 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 Supplies in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one (1) year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to two (2) additional one-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an amount not to exceed $216,000.00, subject to approved extensions and changes. Payment will be made for Supplies completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. 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 will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountsoavableapearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Contract is as follows: Name: TAMMY SUE AKIF Department: ENGINEERING & PUBLIC WORKS Phone: 281.652.1826 Email: takif@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the Contract Administrator. Additionally, the COI must state that the City shall be provided Supply Contract Standard Form Approved as to Legal Form 5.28.2021 Page 2 of 6 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 no less than thirty (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 ten (10) days of the City Manager or his designee's written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) I Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Agreement. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple -release purchases of Supplies to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Supplies to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Supplies shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies or products 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, replacement Supplies may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract 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 Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is incorporated into this Contract. 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 Contract 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 Contract 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 Contract 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 Contract. 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 shall perform all work required by this Contract as an Supply Contract Standard Form Page 3 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 independent contractor and will furnish such Supplies 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. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 13. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 14. 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. 15. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day 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 Pearland Attn: SHAUN GILMORE Title: SURFACE WATER TREATMENT PLANT MANAGER Address: 2016 OLD ALVIN ROAD, PEARLAND, TX 77581 Phone: 281.652.1961 IF TO CONTRACTOR: DXI INDUSTRIES, INC Attn: JANEL BAKK Title: TERRITORY MANAGER Address: 1919 JACINTOPORT BLVD., HOUSTON, TX 77015 Phone: 281.457.4848 16. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR'S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD - PARTY DEFENDANT AS ALLOWED BY LAW. 17. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 6 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator's fees. 18. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. 19. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all Supplies provided in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant to this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 20. 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 Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 21. Limitation of Liability. The City's maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 22. Assignment. No assignment of this Contract 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 Contract by the Contractor is of the essence of this Contract, 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. 23. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 24. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 6 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 A. this Contract (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). 25. 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 Contract if required by said statute for items approved by City Council. 26. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract 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 Brazoria County, Texas. 27. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 28. 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, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, 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. 29. Entire Contract. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFP #1022-16 Exhibit 2: Contractor's Bid/Proposal Response Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 6 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 ATTACHMENT A - SCOPE OF WORK The scope of contract requires the vendor to supply and deliver 150 -pound cylinders to applicable WRFs and Water Production sites on an as needed basis throughout the contract period of one (1) year. The scope of contract requires the vendor to supply and deliver one (1) ton cylinders to the SWTP on an as needed basis throughout the contract period of one (1) year. All empty cylinders will be picked up by the vendor during delivery of full cylinders. DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 ATTACHMENT B - BID/PRICING SCHEDULE RFP Number 1022-16 Title Water Treatment Chemicals and Supplies Services DXI Industries, Inc item Description UOM EST QTY ' Unit : (not to exceed) . Extended 20 Chlorine Gas. Enter a price per pound for a 1 ton cylinder. Pound 150000 $1.2247 $183,705.00 21 Chlorine Gas. Enter a price per pound for a 150 pound cylinder. Pound 25000 $1.7328 $43,320.00 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 ATTACHMENT C - INSURANCE REQUIREMENTS City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebids@pearlandlx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are ncluded under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Employers' Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL. the City 's to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and prov,ded 30 - day notice of cancellation or material change in coverage. WC CGL and BAL, City shall be provided 30 -day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2.000,000 3. Business Auto Liability (BAL) to include coverage for a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Comb;ned Single Limit - $1 000.000 f the contract involves a professional service the contractor wit i also be required to provide the City with professional iability insurance in an amount of at least $1,000 000. Certificate of Insurance forms may be emailed to: Purchasing Department at et,.:iv slp ri,a',dix :you. Questions regarding required insurance should be d rected to Qty of Pearland Purchasing Department, at ebidsc oearlandtx.gov. This form must be signed and returned with your bidr'quotation. You are stating that you do have the required insurance and if selected to perform work for the C ty. will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be Issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Sid N Company: iJitl J-etiIur>iv 1 i Signature and PrintedName: . 61 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 ATTACHMENT D — WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 A Off° CERTIFICATE OF LIABILITY INSURANCE OA'Esom°°ry'n 1s212J21102 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND_ EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED p1o.Jisions or be endorsed_ If SUBROGATION IS WAIVED, subject to the terms and condibons of the policy. certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER L LuA USA. Inc 2929 Wu Pe*ssy Saar 2500 Houston 'TX 77019 Oil 02106122 0X GA11u22-23 FACT (/ NO. Eu'O. I (A C. Not. 6Y1YL ADdREi t: ell sumac tiAFFORRO IOCOVERAGE NAILS NICIMER A. LM, Sooc ulti Inv:same Company 26883 INSDL Xl�i-r3usiles, Lx 6D1 VI Indoslnd$4d Cleburne. TX 76033 gismos B : Zunah Amman insurance Company '6935 INSURER C: NSURER O . EI$URER E NSURER F COVERAGES CERTIFICATE NUMBER IOU -039 4 5b-01 REVISION NUMBER 3 THIS IS TO CERTIFY THAT THE POLICIES OF NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL LIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS OUIR TYPE OF rug .aarr AWL 1Nso SUMSPOUOT MAID POLICY NUMBER EPF enema YYY1 POLICY Er, poaoorYYYn USIT* A X CORINF DIAL GENERAL ussurr EG 112937 19-04 !;'5831 C4d2 OS'O. ]2023 EACH ODCUWiBJCE i ' 000 COO I CL4LnrLUC4 X OCCUR TC ocearrNTEDm.v PRFIVNIFS DAMAGE4ED i 300,000 ESP Noy ene person) i 25 DOD YEPUD,AL LADY PLURY 1 ' 000.000 CE IOOXYTHER M. AGGREGATE LSAT APFLESPER ❑ ❑ LOC GENERAL AGGREGATE 1 2,000,000 PROOLJOTS - o06pVaP AGO i 2,10,0004TFfaZ i B aarrei X '-"-"- ORILEUJV8S.rTY ANY AUTO OWSED AUTOS OALY 'HREO A i 5 ONLY - __ SCHEDULED ALTOS NON-OWNEFROPERTY D ',ems ONLY BJLP 028.372.6 05a01P'0"2 05/7 /2023 OrariletNED y LE TlEal : ',aD6.oca COOLY INJURY D'd Person I COOLY ;KIM (Per acOdvb i ape wormE i i gralElnEu.# LIAR EXCESS LIAR OCCUR ELAIIGHARDE EACH OCCRRENCE I AGGREGATE S DEO I I RETENTIONS i B VIOfifiERSOOMPEMATION AND BM LOYER2 LrA9UTi AmPFICPRIE-O7CPART5FiOE W CUT14E O ERAELBEREXCLU ED' Ntaratcbtrif N WO Nos leaf INSCRIPTION OF OPERAT1C7sE below Yi N N N. WNCO231374-05 (1500120:2 080'1202] R pEUI I ar x 1g* EL EACH ENT ; '000000 EL DISEASE-EAE C.LOY'd i 00 DCO EL DISEASE - POLICY LBAT I 000003 OESCRIPTION OF OPERATION, ILOCAT1CN$' Y94ICLEC IADORD let AN D:I al Remain tolionoN. raw toadlaalad damns maw a moon Ce4k.le Haller *Dye radiated as sdd5oosl mused terce$ radian oemperssice wiser, eeq Bred by swlen curbed Ern rase.-ce .s primal and rto-ceTbib'.ioy over ary erring : nsumnce end :rand to lebily arming out of the opretors d the:emed inured sueckio po:cy Lamle and warms 'Nowaols.6+ogutEon a spp6casth weer, legated by siBen con'recl v4 supped to pdcylmrns and cavillers CERTIFICATE HOLDER CANCELLATION Coy of Reaiend 35"9Lbedy Dirge 35'9 Lbedy Diet TX 7758 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 'mammon] REFIREIENTAME 7Xa s'4 1(SJ4r loc. ACORD 25 (2016103) E 19 2016 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 ENDOB$ENENT InsrfaAos far evierage put Provabd by ZURICH AMERICAN INSURANCE COMPANY MMOrNumber BAP O281372 O5 Res;newal of Number BAP 0281372-04 MOTIC! OW CANCELLATION/NOW—R2MEMAL ENDORSEMENT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE: BUSINESS AUTO COVERAGE FORM IN THE EVENT OF CANCELLATION OR NON .RENEWAL, WRITTEN NOTICE WILL BE GIVEN TO THE FIRST NAMED INSURED NINETY (9O) DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH CANCELLATION OR NON RENEWAL, EXCEPT FOR NONPAYMENT OF PREMIUM WHERE TEN (10) DAYS' NOTICE WILL BE GIVEN. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U41,4418407744) DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 ENDORSEMENT NO. 1S This endorsement, effective 12:01 AM, 5/1/2022 Farms a part of Policy No: 14250719.04 Issued to: DX Holding Company Inc By: AIG Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LiMITED ADVICE OF CANCELLATION TO ENTM ES OTHER THAN THE NAMED INSURED ENDORSEMENT Th's endorsement modifies! nsurance provided under the following. COMM ERCIAL G ENERAL LIABILITY AND POLLUTION LEGAL UABIUTY COVERAGE FORM It is hereby agreed that the following Is added to SECTION IV CONDITONS• in the event that we cance this Policy for any reason other the• .o • payment of prem urn and I. the cancellation effective date is prior to this Poecy's expiration date, 2. you arc under an existing contractual obligation to notify a certificate holder when this Policy is canceled (hereinafter the "Certificate Holder(sr) and have provided to us, either directly or through your broker of record, the email address of a contact at each such entity_ and 3 we received this information after you received not-rr. of cancellation of this Policy and prior to this Policy's cancellation effective date, via an electronic spreadsheet that -s acceptable to us, we will provide advice of cancellation (the "Advise") via e. mall to each such Certificate Holders within 30 days after you provide such information to us. Proof of our emaihng the Advice, .sing the information provided by you wile serve as proof that we have fully satisfied our obligations under this Enxdorsemen! This Endorsement does "ot affect, in any way, coverage provided under this Policy or the cancellation of this Poole or The effective date thereof, nor shall this Endorsement Invest any rights in any entity not Insured under this Policy. Al other terms, conditions, and exclusions shall remain the same 109521(9/11) CIS 040 UTH r ' IZfrDIIE'USE NY'l4TIVE Or countersignature (where required bylaw PAGF 1 OF 1 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 cba December 14, 2022 DXI INDUSTRIES, INC. P.O. Box 24600 Houston, Texas 77229.4600 (281) 457-4888 Fax (281) 457-4807 www.dxgroup.com RE: City of Pearland RFP #1022-16 Per the Bid Requirements please see the following information requested: DXI Industries is a privately held corporation with more than 75 years experience in supplying water treatment products, service, and equipment. We operate more than 15 plants in the United States and employ more than 250 associates. DXI is the largest repackager of chlorine gas in North America and one of the largest producers of sodium hypochlorite and have long been a leader in our field with respect to environment, health, and safety. There are several DX facilities in the gulf coast region that allows us the ship product from alternate plants if your primary plant experiences a stoppage or weather event. We also maintain on -site emergency response personnel and equipment, as well as a 24 -hour manned phone line to assist our customers. This number is 281-457-4848. DXI has experience delivering critical water treatment chemicals to industrial and municipal plants. We have delivered to the City of Pearland for many years. Please see our reference list provided. Per the bid requirements, all drivers that would make deliveries to the City of Pearland have had background checks as required by DOT Hazmat Certification and TWIC card approval. DXI is actively involved in the Responsible Distribution program of the National Association of Chemical Distributors (NACD). This organization of industry members is dedicated to safety, quality, and responsible chemical distribution. We are also members of the Chlorine Institute which sets industry standard on the safe handling and distribution of chlorine and sodium hypochlorite. Our products are NSF Certified as well. Please contact us for any further questions or concerns. Respectfully, Janel Bakk Territory Manager 713-542-5995 jbakk@dxgroup.com DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 RFP 1022-16 Addendum 1 DXI Industries, Inc. Supplier Response Event Information Number: RFP 1022-16 Addendum 1 Title: Water Chemical and Supply Analysis Type: RFP-Sealed Issue Date: 11/16/2022 Deadline: 12/14/2022 02:00 PM (CT) Notes: Join from the meeting link https://pearlandtx.webex.com/pearlandtx/j.php? MTI D=mde75774d58421251 da885a6a944f9689 Join by meeting number Page 1 of 3 pages Vendor: DXI Industries, Inc. RFP 1022-16 Addendum 1 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 Meeting number (access code): 2555 160 9692 Meeting password: yEYniFE3J92 Tap to join from a mobile device (attendees only) +1-408-418-9388„25551609692## United States Toll Contact Information Contact: Vanessa Elam Address: City Hall Annex 3523 Liberty Drive Pearland, TX 77581 Phone: (281) 652-1790 Email: velam@pearlandtx.gov Page 2 of 3 pages Vendor: DX! Industries, Inc. RFP 1022-16 Addendum 1 DocuSign Envelope ID: 00A7CEE9-1295-4C3B-8F93-B733E3D7FA57 DXI Industries, Inc. Information Address: 1919 Jacintoport Blvd Houston, TX 77015 Phone: (281) 457-4848 By submitting your response, you certify that you are authorized to represent and bind your company. Janel Bakk ibakk@dxgroup.com Signature Email Submitted at 12/13/2022 01:16:35 PM (CT) Response Attachments DXI Insurance Certificate.pdf Insurance Certificate DXI NonCollusion and CIQ Forms.pdf Non -Collusion and CIQ Forms DXI 1295 Form.pdf DXI 1295 Form DXI NSF Certification.pdf DXI NSF Certificate DXI Contractor Questionnaire.pdf DXI Contractor Questionnaire DXI House and Senate Bills.pdf DXI House and Senate Bills DXI Addendum1.pdf Signed Addendum #1 Pearland RFP Letter 2022.pdf DXI Qualification Letter DXI References.pdf DXI References DXI Pricing Bid Form.xlsx DXI Pricing Bid Form Bid Lines 1 Total Quantity: 1 UOM: EA Unit Price: $1,477,025.00 Total: $1,477,025.00 Response Total: $1,477,025.00 Page 3 of 3 pages Vendor: DXI Industries, Inc. RFP 1022-16 Addendum 1