HomeMy WebLinkAboutPW09-016 - Original - Equa-Chlor LLC - Water Treatment Chemical Supply -01/07/2009 ecords Managemer�
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Equa-Chlor LLC
Vendor Number:
JD Edwards Number
Contract Number: tocoCR-01 fo
This is assigned by City Clerk's Office
Project Name: Water Treatment Chemical Supply
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
/- 7-0
Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/09
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Sean Bauer Department: PW Operations
Detail: (i.e. address, location, parcel number, tax id, etc.):
The Vendor shall supply the City's Water Department with Sodium Hydroxide for 2009.
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KENT
NASMIrv�TOry
GOODS & SERVICES AGREEMENT
between the City of Kent and
Equa-Chlor LLC
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Equa-Chlor LLC organized under the laws of the State of
Washington, located and doing business at 3541 Industrial Way/PO Box 865, Longview,
Washington 98632, Phone: (800) 225-6422/Fax: (360) 636-2522, Contact: Darren Hergert
(hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
The Vendor shall supply the City of Kent Water Department with,a'water treatment
chemicals bid items 10 and it according to the bid proposal submitted November
7, 2008, which is attached as Exhibit A and incorporated by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
Vendor also acknowledges that the estimated annual usage for each chemical included on
the bid proposal form is based on the City's current estimated requirements. The City may, at
its sole option, revise the amount of the chemicals it will purchase to a lesser amount based on
actual requirements. If the City's actual requirements exceed the estimated amount, the City
may purchase greater amounts at the unit prices listed in the bid. This Contract is not intended
to guarantee purchase of the estimated amounts.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2009.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One
Hundred Twenty Six Thousand Dollars ($126,000.00), including applicable Washington State
Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall
pay the Vendor the following amounts according to the following schedule:
GOODS &SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
Delivery will be scheduled upon execution of this agreement. Vendor shall be paid
after submittal of invoice, net thirty (30) days.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement and that the Vendor has the
ability to control and direct the performance and details of its work, the City being interested
only in the results obtained under this Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(E), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
GOODS &SERVICES AGREEMENT - 2
(Over$10,000,00, including WSST)
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
GOODS &SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of an of Vendor's work when completed shall not be
Y M � Y r
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Force Maieure. Neither party shall be deemed to be in breach of this Agreement if
unable to perform its respective obligations hereunder as a result of the occurrence of an event
of "force majeure," which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes, civil riots
or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or
other similar catastrophes or other causes beyond the parties' reasonable control. The scope of
events of force majeure shall not extend to payment of money owed hereunder.
C. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
D. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
E. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
GOODS &SERVICES AGREEMENT- 5
(Over$10,000,00, including WSST)
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
F. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
G. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
H. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
I. Comoliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
3. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: CITY OF KENT:
12
By: 5�Z�2���_z7zr
(sign ure)�� (signature)
Print Name: fact Prm a e:Juzette Cooke
Its 4:!EC3 7 Its Ma or
(title)
DATE: /T1��O� DATE: 7
NOTICES TO BE SENT TO VENDOR: NOTICES TO BE SENT TO CITY:
Darren Hergert Larry R. Blanchard
Equa-Chlor LLC City of Kent
PO Box 865 220 Fourth Avenue South
Longview, WA 98632 Kent, WA 98032
(800) 225-6422 (telephone) (253) 856-5500 (telephone)
(360) 636-2522 (facsimile) (253) 856-6500 (facsimile)
GOODS &SERVICES AGREEMENT- 6
(Over$10,000.00, including WSST)
APPROVED r WTO FORM:
e t La a tment
Equa-Chlor-2009 WaWr Chem¢als/Sauer
GOODS & SERVICES AGREEMENT - 7
(Over$10,000,00, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
� l �
Dated this 191nf day of 4'Zc-�- , 2000.
By: J-444L4
T•�vrn ►�_ILa"T�
For: Va -AIIJJ6,1, tv
Title: ero Q
Date: f}Pz "-t—
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the_
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
Exhibit A
WATER TREATMENT CHEMICAL SUPPLY FOR 2009
PROPOSALFORM
I
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see special provisions 1.5 & 1.6) for the
following fees:
Bidder' Name: tom- - CA 40.m LLC-
Item Estimated Description Bid Unit Total
Annual Unit Prices
Usage
10 95,000 25% Sodium Hydroxide in $ $ f Hoc
GALS 4,000 Gal. Deliveries BULK GAL.
FOB Pump Station #5
I
I
Total $ 14,
a
I
I
it
I
t//l - Gt 16V LV-
Company Submitting Proposal
Aut rized n ure
Note: Contractor must submit a firm proposal for the contract term(s).
WATER TREATMENT CHEMICAL SUPPLY FOR 2009
PROPOSALFORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see special provisions 1.5 & 1.6) for the
following fees:
Bidder` Name: L/9 1!J7/dY Li%e
Item Estimated Description Bid Unit Total
Annual Unit Prices
Usage
ob
11 10,000 25% Sodium Hydroxide in $ w $
GALS 4,000 Gal. Deliveries BULK GAL.
FOB East Hill Well
0�
Total
i
&04- -0-ww-
Company Submitting Proposal
�4- A /4�7 --'- �as ,,
A4 onze ig ature
Note: Contractor must submit a firm proposal for the contract term(s).
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
Client#:40154 2EQUACHL j
ACORD CERTIFICATE OF LIABILITY INSURANCE
12131/0131/0°ATE °°"Y""' J 8 j
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Hilb Rogal and Hobbs Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services of CA Inc.,LIC#0511289 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I
1045 W.Katella Ave., Suite 300
Orange,CA 92867 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA. Steadfast Insurance Company 26387
INSURERS 2.UrICh
Equa-Chlor LLC dba Equapac 2127
Equa-Chlor Marketing Ilc INSURERC
P.O.BOX 865 INSURER
Longview,WA 98632 INSURER E
COVERAGES
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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMITS
LTR NSR DATE MM DD DATE MM D
A X GENERAL LIABILITY GLO9009193 10/31108 10131109 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO R PREMISES ENTED $300 OOO
CLAIMS MADE Q OCCUR MED EXP(Any one person) $1 O 000
PERSONAL&ADV INJURY $1 000 000
X OCP GENERAL AGGREGATE $2 00O 000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2000000
POLICY PRO-
JECT LOC
B AUTOMOBILE LIABILITY BAP9009197 10/31/08 10/31/09 COMBINED SINGLEUMIT $1 000000
ANY AUTO (Ea accident) r r
ALL OWNED AUTOS BODILY INJURY $ ,
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $ 1
(Per acodent) I
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN FA ACC $
AUTO ONLY AGG $
FXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ $
UMI
WORKERS COMPENSATION AND WC STATU- OTH-
I FIR
EMPLOYERS'LIABILITY
ANY PROPMETORIPARTNERIEXECUTIVE E L EACH ACCIDENT $
OFFICER(MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $
It yes,describe under j
SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ f
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
City of Kent,Washington is named additional Insured with respects to
general liability per U-GL-1175-A CW 09f03attached.*10 day notice of
cancellation for non payment of premium. Company does not allow X-OUT of
cancellation clause.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Kent,Washington DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL an• DAYSWRITTEN
Attn:Nancy Yoskitake NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 50 SHALL
220 4th Avenue South IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Kent,WA 98032 REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
ACORD 25(2001108)1 of 2 #S617659/M617658 2JMEN o ACORD CORPORATION 1988
L
1
I
i
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
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)
i
i
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. j
`I
I
l
ACORD 25S(2001108) 2 of 2 #S617659/M617658
(
Additional.Insured - Automatic - Owners, Lessees Or
Contractors - Broad Form `
Polky No. EfL Date of PoL Exp. Date of Pot Eff.Date of End. Produeer Add'L Prem I Return Prem. jI
GLO9009-4 10-31-2008110-31-20011 s s 1
1
f
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
P �
Commercial General Liability Coverage Part
f
f
A- VMO IS AN INSURED (Section 10 is amended to include as an insured any person or organization whom you are re-
quired to add as an additional insured on this policy under a written contract or written agreement.
B. The insurance provided to additional insureds applies only to'bodily injury", "property damage"or "personal and adver-
tising injury" covered under Section 1,Coverage A,BODILY INJURY AND PROPERTY DAMAGE LIABILITY and }
Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY,but only if:
1. The"bodily injury"or "property damage"results from your negligence;and
2. The'bodily injury", "property damage" or"personal and advertising injury'results directly from:
a. Your ongoing operations, or
b. "Your work"completed as included in the"products-completed operations hazard",
performed for the additional insured,which is the subject of the written contract or written agreement.
C. However,regardless of the provisions of paragraphs A.and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy;or
b. That is any broader coverage than you are required to provide to the additional insured person or organization
in the written contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the tower of:
a. The Limits of Insurance provided to you in this policy, or
b. The Limits of Insurance you are required to provide in the written contract or written agreement
D. The insurance provided to the additional insured person or organization does not apply to.
1. "Bodily injury~', "property damage" or"personal and advertising injury"that results solely from negligence of the ad-
ditional insured;or
U-G1,1195-A CW(1J01)
Pane 1 or?
Includes copyrighted material of Insurance Services Office,Inc.with its permission.
s'
I Bodily injury", "property damage"or"personal and advertising injury'arcing out of the rendering or failure to
render any professional architectural,engineering or surveying services including_
a- The preparing, approving, or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,
field orders,change orders or drawings and specifications,and
b. Supervisory,inspection,architectural or engineering activities.
E. The additional insured must see to it that
L We are notified as soon as practicable of an"occurrence"or offense that may result in a claim:
2. We receive written notice of a claim or"suit"as soon as practicable;and
3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by
another insurer under which the additional insured also has rights as an insured or additional insured.
F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other 4
insurance available to any additional insured person or organization unless the other insurance is provided by a con-
tractor other than you for the same operations and job location. Then we will share wit—It that other insurance by the
method described in paragraph 4.c. of SECTION IV-COMMERCIAL GENERAL LLASILM CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as
written.
U-Gr 1175-A CVV(9/03)
Page 2of2
AGENT CGWY
REQUEST FOR MAYOR'S SIGNATURE
o Please Fill in All Applicable Boxes
SCENT This form rt b printed c�a�' cherry paper
WASHIAGTOI.
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Sean Bauer Phone (Originator). 5616
Date Sent 12/31/08 Date Required. 1/6109
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/09
VENDOR NAME: Equa-Chlor LLC DATE OF COUNCIL APPROVAL: 12/9/08
Brief Explanation of Document
The attached agreement is for the supply of a water treatment chemical (Sodium Hydroxide)to the City's Water
Department for 2009
All Contracts Must Be Routed Through the Law Department
(11ils Area to be Completed By the Law Departmen Jr�;,
Received: JCt� �G� City of Kent
Orrice of the Mayor
Approval of Law Dept.:
I
Law Dept Comments
��pv
Date Forwarded to
Shaded Areas to Be Completed by Administration Stlii
Received:
Recommendations & Comments: Lu I
1 {
Disposition: �O I - ia�)1Cix � YJG,
� CITY OF rcNi
CITI C FR<
Date ReturncG
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