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HomeMy WebLinkAboutResolution - 2014-R0103 - Contract - Airgas Specialty Products Inc.- Anhydrous Ammonia - 03_27_2014Resolution No. 2014-RO 103 March 27, 2014 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11766 for anhydrous ammonia, by and between the City of Lubbock and Airgas Specialty Products, Inc., of Lawrenceville, Georgia, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: �P' 0"' -V�' Rebf cca Garza, City Secr ary APPROVED AS TO CONTENT: March 27, 2014 R. Keith Smith, P.E., Director of Public Works "9916101T/S317_[.Y 1103110:7UTA Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-Airgas February 27, 2014 Resolution No. 2014-RO103 City of Lubbock, TX Contract for Services Anhydrous Ammonia Contract 11766 THIS CONTRACT made and entered into this 27th day of March, 2014, by and between the City of Lubbock ("City"), and Airgas Specialty Products, Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for anhydrous ammonia and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said anhydrous ammonia. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, anhydrous ammonia and more specifically referred to as Item One on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached bid form and specifications contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT General Liability 1,000,000 Commercial General Liability General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Pollution 1,000,000 Automotive Liability 1,000,000 Any Auto Employers' Liability Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and non-contributory basis on general liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 10. All funds for payment by the city under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the city of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11. This Contract consists of the following documents set forth herein; Invitation to Bid No. 14- 11766-TS, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF Mayor ATTEST: ug�. '.. , — 5�_ Reb ca Garza, City Secretar APPROVED AS TO CONTENT: Bruce Blalack, Water Superintendent APP D TO FORM: Chad Weaver, Assistant City Attorney CONTRACTOR BY �� ;42,�� Authorized Repre tative Print Name )ow( rlrc 11 a ', 6 4 5W? City, State, Zip Code City of Lubbock, TX ITB 14-11766-TS Anhydrous Ammonia 1. DESCRIPTION 1.1 Anhydrous ammonia is a colorless, liquefied gas that is corrosive and has an irritating odor. Ammonia gas is capable of forming explosive mixtures with air. It is available at a commercial strength of 99.5% NH3. 2. PURITY REQUIREMENTS 2.1 Anhydrous ammonia for use in water treatment shall be of purity no less than 99.5% NH3. Ammonia purchased for use at the City of Lubbock Water Treatment Plant shall contain no soluble inorganic or organic substances capable of producing deleterious or injurious effects upon the health of those consuming the water, or that would otherwise render it unfit for public consumption. 2.2 Bidders must furnish an affidavit attesting to compliance with this standard along with a certified analysis of the anhydrous ammonia. 3. REGULATORY REQUIREMENTS 3.1 Effective January 1, 1993, all chemicals and any additional or replacement process media used in treatment of water supplied by public water systems must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 60 for direct additives and ANSI/NSF Standard 61 for indirect additives. 3.2 Conformance with these standards must be obtained by certification of the product by an organization accredited by ANSI. The successful bidder must provide proof of this certification to the City of Lubbock Water Treatment Department with their bid. 4. QUANTITY 4.1 Anticipated annual consumption of anhydrous ammonia will be 41 tons more or less at the Lubbock Water Treatment Plant, located at 6001 N. Guava Ave, Lubbock, TX and 11 tons more or less at the Bailey County Pump Station located at 2380 East US Highway 84, Muleshoe, TX. 5. DELIVERY 5.1 Ammonia delivered by tank truck shall be unloaded by the driver into a storage tank under the direction of operations personnel. The transporter is required to furnish official certified, dated, stamped, weight tickets with each load of chemical, before and after unloading. Handwritten tickets or numbers are prohibited. Delivery day and time will be specified at each ordering time. 5.2 All delivery people will display photo security ID upon arrival at the site. All delivery people will be identified by the company before arrival at the site, preferably at the time an order is placed. Upon arrival at the Water Treatment Plant delivery people will check in at the main building before going to the unloading site. Normal delivery will be during Q: Purchase/Bid Docs/ITB 14-11766-TS Anhydrous Ammonia 27 regular business hours. All loads will be sealed and the seal will be broken in the presence of the plant representative. 6. PRICING 6.1 The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. 6.2 Prices quoted shall be for bulk delivery FOB City of Lubbock Water Treatment Plant and FOB Bailey County Pump Station. 6.3 Listed quantities are estimates only for pricing purposes. Actual usage may vary. Q: Purchase/Bid Docs/ITB 14-11766-TS Anhydrous Ammonia 28 BID FORM Anhydrous Ammonia City of Lubbock, TX ITB 14-11766-TS In compliance with the Invitation to Bid 14-11766-TS, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional altemate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 14-11766-TS is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT PRICE* EXTENDED Delivery ITEM QT Y MEASURE DESCRIPTION BID COST Days ARO** 1. 52 Tons Anhydrous Ammonia, As $ 115-a '0 $�O cl q 0 a specified herein *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for anhydrous ammonia with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of —%, net-Qcalendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School Q: Purchase/Bid Docs/11 B 14-1 1766-1 S Anhydrous Ammonia District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and flity of Wolfforth. YES NO 7 • Ifyou (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BYalriag (��IP-&uf Sa corporation organized under the laws of the State of Chi 4wace- , or a partnership consisting of or individual trading as of the City of Firm: at r Q S f�2 Pu f I tU E�D-A )r;K. Address:�2 .S31�D s P.11 2x- 11d. Sty 3 0 City: LCZ UX erl CPu t (-e- State: 6 t24 Zip 30LN,3 Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Woman Black American I I Native American Hispanic American Asian Pacific Americj I Other (Specify) By `/ / 6 Authorized Represei; ve - must sign hand v Officer Name and Title: i aglr 6'Y\ 7� w elArve CISI d eecL Please Print Business Telephone Number FAX: 6 79 - �16S' - -733 ) E-mail FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over S50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Q Purchuue/Dud wcsn rB 14-11766=rS Anhydrous Ammonia 5 City of Lubbock TX Water Treatment and Production Bid Tabulation March 27, 2014 ITB 14-11766-TS Anhydrous Ammonia Item Qty U/M DescriptionNendor Location Unit Cost Extended Cost 1 52 TN Anhydrous Ammonia Airgas Specialty Products, Inc. Lawrenceville, GA $ 1,152.00 $ 59,904.00 Q Pumhas&Bid Docs/14-11766-TS ACORO® CERTIFICATE OF LIABILITY INSURANCE `..�i 12/17/2014 DATE(MM/DDIYYYY) 12/4/2013 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions 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 Lockton Companies, LLC-1 Kansas City 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 CO NAME T NE FAX PHOAt E A/C No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A, National Union Fire Ins Co Pittsburgh PA 19445 INSURED AIRGAS USA, LLC 1075036 259 N. RADNOR-CHESTER ROAD INSURER B;NeW Hampshire Insurance Company 23841 INSURER C : RADNOR PA 19087 INSURER D : INSURER E : Chartis Specialty Insurance Company26883 INSURER F : COVERAGES AIRIN01 CERTIFICATE NUMBER: 12207230 REVISION NUMBER: XX}CXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY Y Y GL1903210 12/17/2013 12/17/2014 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 2 000 000 MMERCIAL GENE BILITY MED EXP (Any oneperson) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL a ADV INJURY $ 5,000,000 X CONTRACTUAL LIAB. GENERAL AGGREGATE $ 10.000.000 PRODUCTS - COMP/OP AGG $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY X JEC LOC A A A AUTOMOBILE LIABILITY ANY AUTO y y CA9701079 (AOS) CA9701078 MA) CA9701077 VA) 12/17/2013 12/17/2013 12/17/2013 12/17/2014 12 12/17/2014 COMBINED SINGLE LIMIT (Ea accident) $5,000,000 X BODILY INJURY (Per person) }{/17/2014 $ X xx ALL OWNEDF AUTOS AUTOS SCHEDULED BODILY INJURY Per accident $ xxxxxxx PROPERTY DAMAGE $ NON -OWNED HIRED AUTOS AUTOS $XXXXXXX A X UMBRELLA LIAB X P OCCUR N Y 20562325 12/17/2013 12/ 1712014 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAR CLAIMS-MADE DED I I RETENTION $ $ xxxxxxx B AND EMPLOYERS' LIABILITY WORKERS COMPENSATION Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N NIA Y WCO29342298 12/17/2013 12/17/2014 X TORY LIMIT ER E.L. EACH ACCIDENT $ OOO OOO E.L. DISEASE - EA EMPLOYEI $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1 0 ()000 E POLLUTION LEGAL N N PLC6145088 6/30/2011 6/30/2016 LIMIT $5,000,000 AGGREGATE LIABILITY (POLICY IS CLAIMS MADE) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) THE CITY OF LUBBOCK IS INCLUDED AS AN ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT, WHICH IS PRIMARY COVERAGE TO THE ADDITIONAL INSURED AND OTHER AVAILABLE INSURANCE WILL BE NON-CONTRIBUTORY AS REQUIRED BY CONTRACT, BUT ONLY IN ACCORDANCE WITH POLICY TERMS, CONDITIONS, AND EXCLUSIONS. SUBROGATION IS WAIVED IN FAVOR OF THE CERTIFICATE HOLDER, TO THE EXTENT OF THE NAMED INSURED NEGLIGENT ACTS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12207230 CITY OF LUBBOCK 1625 13TH STREET, ROOM 204 LUBBOCK, TX 79401 POLICY NUMBER: GL1903210 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or organization(s): CITY OF LUBBOCK, 162513TH STREET, LUBBOCK, TX 79401 ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO INCLUDE AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU ENTER INTO Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Attachment Cade: D471073 Certificate ID: 12207230 ENDORSEMENT This endorsement, effective: 12:01 a.m. 12/17/2013 forms a part of POLICY: CA9701079 (AOS) issued to AIRGAS USA, LLC by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: CITY OF LUBBOCK, 1625 13TH STREET, LUBBOCK, TX 79401 Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organization liability arising out of the use of a covered "auto". I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lessor of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (10/05) Attachment Code: D465762 Certlflcate ID: 12207230 POLICY NUMBER: CA9701079 (AOS) AUTO COMMERCIAL CA 99 48 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY — BROADENED COVERAGE FOR COVERED AUTOS — BUSINESS AUTO, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Liability Coverage is changed as follows: 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. 2. With respect to the coverage afforded by Paragraph A.1. above, Exclusion B.6. Care, Custody Or Control does not apply. B. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved Attachment Code: D470692 Certificate ID: 12207230 from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. CA 99 48 03 06 ISO PROPERTIES, INC., 2005 Attachment Code: D470092 Certificate ID: 12207230 ENDORSEMENT This endorsement, effective 12:01 A.M. 12/17/2013 forms a part of policy No. GL1903210 issued to AIRGAS, INC. by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV - Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and non-contributory insurance. 74434 (10/99) Attachment Code: 0470455 Certlflcate ID: 12207230 ENDORSEMENT This endorsement, effective 12:01 A.M. 12/17/2013 forms a part of policy No. CA9701079 (AOS) issued to AIRGAS, INC. by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, C., is amended by the addition of the following: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. 74445 (10/99) Attachment Code: D470454 Certificate ID:12207230 ENDORSEMENT This endorsement, effective 12:01 A.M. 12/17/2013 forms a part of policy No. CA9701079 (AOS) issued to AIRGAS, INC. by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form asiring out of an "accident" or 'loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident' or "loss". No waiver of right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights to lien to be reimbursed from any recovery funds obtained by any injured employee. 62897 (6/95) Attachment Code: D470453 Certificate ID: 12207230 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement, effective 12:01 AM 12/17/2013 forms a part of Policy No. WCO29342298 [IWCPPOL31] [IWCPPOL41] issued to: AIRGAS USA, LLC By: New Hampshire Insurance Company and Premium INCLUDED We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE THE PREMIUM FOR THE ENDORSEMENT IS INCLUDED CITY OF LUBBOCK, 1625 13TH STREET, LUBBOCK, TX 79401 ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED INTO A CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US. THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR DAMAGES PAID OR CLAIMED: 1. PURSUANT TO THE WORKERS' COMPENSATION OR EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY; OR 2. BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO SUCH A CONTRACT. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. WC 00 03 13 (Ed. 04/84) Attachment Cade: D472779 Certificate ID:12207230 POLICY NUMBER: GL1903210 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF LUBBOCK, 1625 13TH STREET, LUBBOCK, TX 79401 ANY PERSON OR ORGANIZATION WHERE REQUIRED BY CONTRACT. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24041093 © Insurance Services Office, Inc., 1992 Attachment Code: D472664 Certificate ID: 12207230 ACORfD' CERTIFICATE OF LIABILITY INSURANCE 12/17/2014 DATE(MM/DD/YYYY) 3/6/2014 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(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certlncate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Companies, LLC-1 Kansas City 444 W. 47th Street Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CT o Ext : Na I INSUREIR(S) AFFORDING COVERAGE NAIC INSURER A: National Union Fira Ins Co Pittsburgh PA 19445 INSURED AIRGAS SPECIALTY PRODUCTS, INC 1066143 2530 SEVER RD SUITE #300 LAWRENCEVILLE GA 30043 INSURER B: New Hampshire Insurance Company 23841 INSURER C : INSURER D' COVFRAm=.q ATRIN01 CFRTIFICATF NIIMRF_R- 129141R5 REVISION NUMBER! XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AD L IN R POLICY NUMBER OL CY E PO IC LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X CONTRACTUAL LIAB. y y GL1903210 12/17/2013 12/17/2014 EACH OCCURRENCE 5,000,000 P RENTE ence 2,000,000 MED EXP (Any oneperson) 10,000 PERSONAL&ADV INJURY $ 5,000,000 GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: P L X P r PRODUCTS - COMP/OP AGG $ 5,000,000 $ A A A AUTOMOBILE LIABILITY ANY AUTO AUT8s NED AtioTopsSOLED HIRED AUTOS AUTOSWNED y Y CA9701079 (AOS) CA9701078 (MA) CA9701077 (VA) 12/17/2013 12/17/2013 12/17/2013 12/17R014 12/17/2014 12/17/2014 OMBIN D SINGLE LIMIT $ 5,000,000 X BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Par accident $ XXXXXXX POPER DntlAMAGE cL $ XXXXXXX $ XXXXXXX A X UMBRELLA LIAB EXCESS LIAB IV ffiCLAIMS-MADE OCCUR N Y 20562325 12/17/2013 12/17/2014 EACH OCCURRENCE s 10,000,000 AGGREGATE $ 10,000,000 DED I I RETENTION S $ XXXXXXX B B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETO"ARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? Nn (MandetoryInNH) DEIfm, describe SCRIPTION OF OPERATIONS below N / A Y WCO29342296 (CA) WCO29342305 ��KK,,AZ,GA,VA) WCO29342298 OOS) WCO29342301 APO 12/17/2013 12/17/2l)13 12/17/2013 12/17/2013 12/17/2014 12/1742014 12/17/2014 12/17/2014 T OTH- X SrR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE• EA EMPLOYEE 1000000 EL DISEASE - POLICY LIMIT 1 1.000.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /(Attach ACORD 101, Additional Remarks Schedule, If more space Is required) THE CITY OF LUBBOCK IS INCLUDED AS AN ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT, WHICH IS PRIMARY COVERAGE: TO THE ADDrI7IONAL INSURED AND OT1LEIt AVAILABLE INSURANCE WILL BE NON-CONTRIBUTORY AS REQUIRED BY CONTRACT BUT ONLY IN ACCORDANCE Wrr1I POLICY 'PERMS CONDITIONS, AND EXCLUSIONS. SUBROGATION IS WAIVED IN FAVOR OF THE CER'1' ACAI'E HOLDER, TO Till? EXTENT OF THE NAMED NSURED NEGLIGENT ACTS. 12814185 CITY OF LUBBOCK 162513TH STREET, ROOM 204 LUBBOCK, TX 79401 3W t1LLaDllLLICULN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010105) All rights reserved POLICY NUMBER: GL1903210 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or organ ization(s): CITY OF LUBBOCK, 1625 13TH STREET, LUBBOCK, TX 79401 ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO INCLUDE AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU ENTER INTO Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2, The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insuled(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Attachment Code : D471073 Certificate ID : 12814185 ENDORSEMENT This endorsement, effective: 12:01 a.m. 12/17/2013 forms a part of POLICY: CA9701079 (AOS) issued to AIRGAS SPECIALTY PRODUCTS, INC by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: CITY OF LUBBOCK, 1625 13TH STREET, LUBBOCK, TX 79401 Any person or organization for whom you are contractually bound to provide Additional insured status but'only to the extent of such person or organization liability arising out of the use of a covered "auto". I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lessor of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (10/05) Attachment Code: D465762 Certificate ID : 12814185 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which It is attached effective on the inception date of the policy unless a different date is Indicated below, OU tliowing 'attaching clause° need be completed only when Ns endorsement Is Issued subsequent to preperatlon of the polay). This endorsement, effective 12:01 AM 12l1712013 forms a part of Policy No. WC 029-34-2298 Issued to AIRGAS, INC. By NEW HAMPSHIRE INSURANCE COMPANY This endorsement applies only to the Insurance provided by the policy because Texas Is shown in Item 3.A, of the information Page. We have the tight to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this weaver applles only with respect to bodlly Injury erlslrlg out of the operations described In the Schedule where you ere required by a written contract to obtain this waiver from us, This endorsement shall not operate directly or Ipolrecily to benefit anyone not named In the Schedule, The premium for this endorsement Is shown in the Schedule, Schedule t, ( } Specific Waiver (X) Blanket Waiver Any person or organization for wham the Named Insured has agreed by written contract to fumish this waiver, 2, Operatlons: ALL TEXAS OPERATIONS, 3. Premium: 'The premium charge for this endorsement shell be 2.0 percent of the premium developed on payroll In con- nection with work performed for the above person(s) or organizations) arising out of the operations described. 4, Advance Premium: I NCLUDED WC 42 03 04A Gountersigned by _ _ - _ _ - _ - _ _ - _ _ _ _ _ _ _�'^_�=-� (Ed, 01f00) Authorized Representative