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HomeMy WebLinkAboutPW09-016 - Original - Equa-Chlor LLC - Water Treatment Chemical Supply -01/07/2009 ecords Managemer� KENT _ Document WASH INGTOM mmmP— _' i a� 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. e� rz,L�/old s Public\Records Management\Forms\ContractCover\adcc7832 1 11/08 x 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 Iage5870_templatebase 2/07