Loading...
HomeMy WebLinkAboutPW12-264 - Original - Newco, Inc. dba Cascade Columbia Distribution Co. - 2013 Water Treatment Chemicals Supply - 12/21/2012 fi Y T cords M gem en EN %lm Document WASH�NOTON 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: Cascade Columbia Distribution co. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: 2013 Water Treatment Chemicals Supply Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: 1,2- c2/-A;Z�, Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/13 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.): Supply the City's Water Department with water treatment chemicals for 2013. C ►K Itfaol ► s Pub I lc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 I R 74 KENT WASHINGTGN GOODS & SERVICES AGREEMENT between the City of Kent and Newco, Inc., d/b/a Cascade Columbia Distribution Co. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Newco, Inc., d/b/a Cascade Columbia Distribution Co. organized under the laws of the State of Washington, located and doing business at 6900 Fox Ave. S., Seattle, WA 98108, Phone: (206) 763-2350/Fax: (206) 762-5995, Contact: Keith Weisenburg (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 water treatment chemicals (bid items 6 and 9) according to the bid proposal submitted October 23, 2012, 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. 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, 2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty One Thousand, Two Hundred Fifty Dollars ($31,250.00), 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, includng WSST) Compensation of up to $31,250.00 is based on an estimated annual need. Actual need may vary from zero to 40,000 lbs. for bid item 6 and zero to 1,000 lbs. for bid item 9. Therefore, actual compensation will be between $0 and $31,250.00 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. 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 CLAIMS,SHALL CONSTITUTE A WAIVER OF C , 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) L E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. 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(D), 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. 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 GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 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 ad3ust payment for work or time by an equitable ad3ustment. No ad3ustment 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 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 GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) • .r 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 any of Vendor's work when completed shall not be 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 INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. 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. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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. 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. C. 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. D. 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 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. E. 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. F. 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. G. 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. H. Compliance 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. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) I. 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: By: By: s n / (signature) Print Name: F1JF(�L�Le'�^�(� Pri Nam zette Cooke Its ACCCXA\ MAK)A C`ti It May or (title) DATE: Dom... I , 201 2 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Keith Weisenburg Timothy J. LaPorte, P.E. Cascade Columbia Distribution Co. City of Kent 6900 Fox Ave. S. 220 Fourth Avenue South Seattle, WA 98108 Kent, WA 98032 (206) 763-2350 (telephone) (253) 856-5500 (telephone) (206) 762-5995 (facsimile) (253) 856-6500 (facsimile) AP PR VED AS TO FO M: t Kent Law Department Cascade Columbia-2013 Water Chemicals/Bauer 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, I0agree to fulfill the five requirements referenced above. Dated t l 3 day of7(C�M 1 �� , 20 12. By: K�111 For: UN1�ln al�h�1� (�Jv Title: KCC)f\S MIJNA (Kry Date: 0Cc 1341', 20 ( 2 EEO COMPLIANCE DOCUMENTS - 1 of 3 Y . 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 Y 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 , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Exhibit A WATER TREATMENT CHEMICAL SUPPLY FOR 2013 PROPOSALFORM hereby proposes to provide all equipment, labor, materials and supplies to The undersignedy p p p perform the service as specified in this contract (see Special Provisions 1.2 & 1.6) for the following fees: Bidder's Name: M00_ caojj\okp� ltml QU 110N �U Item Estimated Description Bid Unit Total Annual Unit Prices Usage �(r� 6 40,000 Sodium Fluoride in 50 Lb. Bags $ 072, $ 2F/tO 100 LBS* FOB Clark Springs LB Tota l $ 2 U 1 U 0 , 00 *Estimated annual need is 40,000 lbs. Actual need may vary. I C�JSc�C� cc�LvM3�A t�1s�'ti�l�ur�c��1 (� Company ubmitting Proposal Autho ' ignature Note: Contractor must submit a firm proposal for the contract term(s). r I WATER TREATMENT CHEMICAL SUPPLY FOR 2013 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.4 & 1.6) for the following fees: Bidder's Name: Cmcw� (f)LUAG� pi olvyllGovwo �j . Item Estimated Description Bid Unit Total Annual Unit Prices Usage — C�r7� 9 1,000 Potass Permanganate In $ 2 ,�rJ $ 2� TO"' 0c LBS* 50 to 55 Lb.)Drums LB FOB 2 t. Treatment Plant I I Sub Total $ r 9.5% WA State Sales Tax $ �3 �- ' ,� Total $ 2- 0 62 2. • 7j *Estimated annual need is 1,000 lbs. Actual need may vary. I i Compa y Submitting Proposal Aut riz d Signatu j Note; Contractor must submit a firm proposal for the contract term(s). I s 5 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. i 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 A:VII. 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. A`CORO CERTIFICATE OF LIABILITY INSURANCE DATE;31,2012""' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must 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 endorsemen s PRODUCER CONTNAM,ACT Courtney Reading DIAL Insurance Services,Inc PHONE (206)838-9077 FAx (206)838-9076 4005 20th Ave W Ste 132 C-MAIL Seaftle WA 98199 creading@dmlmsurance com a INSURER A Ironshore Specialty Insurance Company INSURER B Praetorian Insurance Company INSURED Newco,Inc ";uRErt�.,lronshore Specialty Insurance Company Cascade Columbia Distribution Company 6900 Fox Ave S INS Seattle WA 98108 COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TC THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,ThE INSURANCE ArFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONJII IONS OF SJCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS • INSR TYPE OF INSURANCE ADDLeuBR POLICY EFF POLICY EXP LIMITS POLICY NUMBER ImMinntyYYY1 (MMID11"WI A GENERAL LIABILITY 000787202 10/31/2012 10131/2013 EA HOCCURR N E 1,000,000 DAMAGE TO RENTED 1,000,000 X COMMERCIAL GENERAL LIABILITY S CLAIMSMADE OCCUR MECEXP! one erson 10,000 X PDIluoon Liability PERSONAL SADV INJURY 1,000,000 X Vendors Liability G=_NERALAGGREGATE 2,000000 GEN'LAGGREGATELIMITAPPLIESPER PRO TS-COMP/OPAGG 2,ODO,000 POLICY PRO X LOC $ B NOMOBILELIABILITY PICISOCO1306 10/31/2012 10/31/2013 coraew�DsiNCLEUNaT 1000,000 ANY AUTO BODILY IN'JURY(Perperson, S ALL OWNED SCHEOLAED BODILY INJURY(Psrawdent) $ AUTOS AUTOS NON-OWNED PROPcRTY DAMAGE $ HIRED AUTOS AUTOS $ C X UMBRELLA LIAR OCCUR 000787902 10/31/2012 10/31/2013 EACH OCCURREN E 3 15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 15,000,000 X EE 10,00 A WORKERS COMPENSATION 000787202 1111112012 10!312013 41C STATU OTH AND EMPLOYERS'LIABILITY Y1N ANY PROPRIETORPARTNER'EXECUTI OE IY-2'al WA Slop-Gap E L FACHACCIDENT 1,000,000 OFFICERIM EM BER EXCLUDED? IJ NIA CI EASE-EA MPL YEE S 1.000,000 IMandstory in NH) Ifyes ceswbe order 1,OOQ000 E L DISEASE POLICY LIMIT B Auto Pnysical Damage PICISOCO1306 0/312012 10/`3112013 Comprehensive Ded 1,000 Col'ision Ded 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES(Attach ACORD 101,AddlBenel Remarks Schedule,d mots space is required) Below Certificate Holder�s listed as additional Insured with respect work performed by insured CERTIFICATE HOLDER CANCELLATION Al 549 City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn Nancy Yoshltake ACCORDANCE WITH THE POLICY PROVISIONS Public Works of Engireering 400 W Gowe AUTHORIZED REPRESENTATIVE Kent WA 08032- r' Fax (253)856-6500 ©1988-2010 ACORD CORPORATION All rights reserved ACORD 26(2010106) The ACORD name and logo are registered marks of ACORD B j Newco, Inc. dba Cascade Columbia Distribution Company Policy No. 000787200 r. Personal and Advertising Injury Arising out of personal and advertising injury. s. Previously Reported Claim Arising from the same,related or continuous professional incident that was the subject of a claim reported under any policy of which this policy is a renewal or replacement or which it may succeed in time,whether or not such prior policy affords coverage for such claim. t. Prior Professional Incident Arising from any professional incident known to a responsible executive prior to the inception of the policy period, if such responsible executive knew or could have reasonably foreseen that such professional incident could give rise to a claim under this policy. u. Your Product Based upon or arising out of your product. v. Warranties Based upon or arising out of express warranties or guarantees This exclusion shall not apply if liability would have resulted in the absence of such express warranties or guarantees. w. Workers'Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: I a. An individual,you and your spouse are insureds, but only with respect to the conduct of a business of which you 1 are the sole owner. i b. A partnership or joint venture, you are an Insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business c. A limited liability company, you are an insured. Your members are also Insureds, but only with respect to the conduct of your business Your managers are insureds,but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds,but pnly with respect to their liability as stockholders. e. A trust,you are an insured Your trustees are also Insureds,but only with respect to their duties as trustees. 2. Each of the following is also an insured IE COV EPIC 001(01/10) Includes copyrighted material of Insurance Services Offices,Inc with its permission Page 30 of 51 I Newco, 1'nc,dba Cascade Columbia Distribution Company Policy No. 000787200 a. Your volunteer workers only while performing duties related to the conduct of your business,or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business However, none of these employees or volunteer workers are insureds for (1) Bodily injury or personal and advertising injury: (a) To you,to your partners or members(if you are a partnership or joint venture)or to your members(if you are a limited liability company), (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)above,or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse,emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage or environmental damage to property; (a) Owned,occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture),or any member(if you are a limited liability company). b. Any person(other than your employee),or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die,but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such That representative will have all your rights and duties under this policy. e. Any subsidiary, associated, affiliated, allied or limited liability company or corporation, including subsidiaries thereof,of which you have more than 50%ownership interest at the inception of the policy period. 3. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Coverage under this policy does not apply to bodily injury, property damage or environmental damage that occurred before you acquired or formed the organization, c. Coverage under this policy does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization;and IE COV EPIC 001(01/10) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 31 of 51 Newco, Inc, dba Cascade Columbia Distribution Company' Policy No, 000787200 I d. Coverage under this policy does not apply to damages arising out of any act, error or omisslon or professional incident that took place before you acquired or formed the organization. 4. Any person or organization with whom you agree to Include as an insured in a written contract,written agreement or / permit, but only with respect to bodily injury, property damage,environmental damage or personal and advertising,/ injury arising out of your operations, your work, equipment or premises leased or rented by you, or your products which are distributed or sold in the regular course of a vendor's business,however: a. A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury. (1) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (2) Arising out of any express warranty unauthorized by you; (3) Arising out of any physical or chemical change in the product made intentionally by the vendor; (4) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (5) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products, I (6) Arising out of demonstration,Installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product;or (7) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for the vendor. b. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an Insured as respects bodily injury,property damage,environmental damage or personal and advertising injury: (1) Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant; or (2) Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises,or mortgagee,assignee,or receiver. S. Any person or organization that has at least a 50%controlling interest in you but only with respect to bodily Injury, property damage, environmental damage or personal and advertising injury arising out of their financial control of you SECTION III-LIMITS OF INSURANCE AND DEDUCTIBLE 1. The Limits of Insurance shown In the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; IE.COV.EPIC.001(01/10) Includes copyrighted material of Insurance Services Offices,Inc.with Its permission Page 32 of 51 A o® CERTIFICATE OF LIABILITY INSURANCE D1 013 112 0 1 2m 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 pollcy(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 CONTACT Courtney Reading DML Insurance Services,Inc PHONE (206)838-9077 FAX (206)838-9076 4005 20th Ave W Ste 132 E0AIL Seattle WA 98199 dreading@dmllnsurance Ccm AalLREBa)_AEf_QRD1NG COVERAGE Ironshore Specialty Insurance Company INSURED INSURER 8,Praetorian Insurance Company Nev co,Inc Cascade Columbia Distribution Company I Ironshore Specialty Insurance Company 6900 Fox Ave 5 INSURER D Seattle WA 96108 INSURER F - COVERAGES CERTIFICATE NUMBER REVISION NUMBER 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 ANV REQUIREMENT,TERM OR CONDITION OF ANY CCNTRACT OR OTHER DOCUMFNr WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED SY THE IOLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI110NS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE Of INSURANCE A-LIELGD4 SUaR POLICY EFF POLICY EXP LIMITS A cENERALLLk&LIrY 000787202 10131l2012 10/3112013 EACHOCCURRENCE S 1,000,000 X, DAMAGETO RENTEDAAIGG COMMERCIAL GENERAL LIABILITY Z(=aDCr-1�r CLAIMS-MADE a OCCUR MED EXP qn Die person) X pollution Liability PERSONAL&ADVINJU X Vendors Liability GENERAL AGGREGATE0 C�EN4 AGGREGATE LIMIT APPLIES PER PROW TS COMPIOP 0 POLICY PRO- X L B AUTOMOBILE LIABILITY PICIS0001306 10/31/2012 10f3112013 COMBINEDSINGLELIM0 X ANY AUTO BODILY INJURY(Per Denson) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON OWNED PROPERTY DAMAGE S HIREDALROS AUTOS S C X UMBRELLALIAe ODOUR 000787902 11013112012 10l3112013 EACH OCCURRE E 15,000,000 EXCESS LIAB CLA MS MADE AGGREGATE 15,000,000 X I0,0001 A WORKERS COMPENSATION 000787202 lOY3112012 1MI12013 WCSTAru OTH AND EMPLOYERS LIABILITY Y 1 N ANY PROPRIETORIPARTNERIEXECUTIVE I I WA Stop-Gap E L EACH ACCIDENT 11000,000 OFFICERWEMBER EXCLUDED? LJ NIA EL DISEASE EA EMPIOYFE 1•000,000 (Mandatory in NH) If yes dcecnbe wder 1,000,000 np��PIPTInm OF OPERATIONS trilhow E L DISEASE PO-ICY L MIT B Auto Physical Damage PlCIS0001306 ^0131/2012 10l3112013 Comprehensive Ded 1,000 CoDslDn Ded 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORO 101,Addltienal Ramarka Schedule,Rmon a au 4 required) Below Certificate Holder is listed as additional insured with respect work performed by insure CERTIFICATE HOLDER CANCELLATION AI549 City of Kenl SHOULD OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Atin Nancy Yoshltake ACCORDANCE WITH THE POLICY PROVISIONS Public Works of Engineering W Gowe AUTHORIZED REPRESENTATIVE Ken Kent WA 98032- Fax (253)856-6500 01988.201D ACORD CORPORATION All rights reserved ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD Newcof Inc. dba Cascade Columbia Distribution Company Policy No. 000787200 r. Personal and Advertising Injury Arising out of personal and advertising injury. s. Previously Reported Claim Arising from the same,related or continuous professional incident that was the subject of a claim reported under any policy of which this policy is a renewal or replacement or which it may succeed in time,whether or not such prior policy affords coverage for such claim. t. Prior Professional Incident Arising from any professional incident known to a responsible executive prior to the inception of the policy period, if such responsible executive knew or could have reasonably foreseen that such professional incident could give rise to a claim under this policy. u. Your Product Based upon or arising out of your product. v. Warranties Based upon or arising out of express warranties or guarantees This exclusion shall not apply if liability would have resulted in the absence of such express warranties or guarantees. w. Workers'Compensation And Similar Laws Any obligation of the Insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual,you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an Insured. Your members, your partners, and their spouses are also insureds,but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business.Your managers are insureds,but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an Insured Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds,but pnly with respect to their liability as stockholders. e. A trust,you are an Insured.Your trustees are also Insureds,but only with respect to their duties as trustees. 2. Each of the following is also an insured: IE COV.EPIC.001(01/10) Includes copyrighted material of Insurance Services Offices,Inc.with its permission. Page 30 of 51 • Newco, Snc,dba Cascade Columbia Distribution Company Policy No. 000767200 a. Your volunteer workers only while performing duties related to the conduct of your business,or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising Injury: (a) To you,to your partners or members(if you are a partnership or joint venture)or to your members(if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)above;or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician,dentist, nurse,emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services (2) Property damage or environmental damage to property. (a) Owned,occupied or used by, (b) Rented to, In the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture),or any member(if you are a limited liability company) b. Any person(otherthan your employee),or any organization while acting as your real estate manager. c, Any person or organization having proper temporary custody of your property If you die,but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such That representative will have all your rights and duties under this policy, e. Any subsidiary, associated, affiliated, allied or limited liability company or corporation, including subsidiaries thereof,of which you have more than 50%ownership interest at the inception of the policy period. 3. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority in will qualify as a Named Insured if there is no other similar insurance available to that organization.However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Coverage under this policy does not apply to bodily injury, property damage or environmental damage that occurred before you acquired or formed the organization, c. Coverage under this policy does not apply to personal and advertising Injury arising out of an offense committed before you acquired or formed the organization,and , IE.COV EPIC.001(01/10) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 31 of 51 Newco-; I-nc, dba Cascade Columbia Distribution Company' Policy No 000787200 1 d. Coverage under this policy does not apply to damages arising out of any act, error or omission or professional incidentthat took place before you acquired orformed the organization. 4. Any person or organization with whom you agree to include as an insured in a written contract,written agreement or permit,but only with respect to bodily injury, property damage,environmental damage or personal and advertising injury arising out of your operations, your work, equipment or premises leased or rented by you, or your products which are distributed or sold in the regular course of a vendor's business,however: a. A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury. (1) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have In the absence of the contract or agreement; (2) Arising out of any express warranty unauthorized by you; (3) Arising out of any physical or chemical change in the product made intentionally by the vendor; (4) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (5) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Arising out of demonstration,installation servicing or repair operations,except such operations performed at the vendor's location in connection with the sale of the product;or (7) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for the vendor b. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury,property damage,environmental damage or personal and advertising injury: (1) Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant; or (2) Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises,or mortgagee,assignee,or receiver, S. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of their financial control of you. SECTION III-LIMITS OF INSURANCE AND DEDUCTIBLE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of. a. Insureds; IE COV.EPIC 001(01/10) Includes copyrighted material of Insurance Services Offices,Inc with its permission. Page 32 of 51 ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT,EFFECTIVE ON 10/31/2012 AT 12:01 A.M. STANDARD TIME,FORMS A PART OF POLICY NUMBER PICIS0001306 OF THE PRAETORIAN INSURANCE COMPANY ISSUED TO CASCADE COLUMBIA DISTRIBUTION IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING IS ADDED AS AN ADDITIONAL INSURED HERELNDER BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF "I HE OPERATIONS OF THE NAMED INSURED,AND THAT THE INCLUSION OF SUCH ADDITIONAL INSURED SHALL NOT SERVE TO INCREASE THE COMPANY'S LIMIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF THIS POLICY THIS ENDORSEMENT APPLIES TO ADDITIONAL INSUREDS ADDED, AS REQUIRED BY WRITTEN CONTRACT,PRIOR TO THE OCCURRENCE OF ANY LOSSES BLANKET AS REQUIRED BY WRITTEN CONTRACT ADDLINS-B CA100 • KETIT N.SHIVGi ON Agenda Item: Consent Calendar - 7E TO: City Council DATE: November 20, 2012 SUBJECT: 2013 Water Treatment Chemicals Contract - Authorize MOTION: Authorize the Mayor to sign the 2013 Water Treatment Chemical Supply agreement with JCI Jones Chemicals, Inc. for Gas Chlorine and 25% Sodium Hydroxide, in an amount not to exceed $107,130, and the 2013 Water Treatment Chemical Supply agreement with Cascade Columbia Distribution for Sodium Fluoride and Potassium Permanganate in an amount not to exceed $31,250, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City advertises annually for water treatment supply chemicals. The use of these chemicals meets state and federal regulations for drinking water standards. The treatment chemicals are used to treat potable drinking water and improve its quality. Gas chlorine is used to disinfect and protect against contamination, Sodium Hydroxide is used to adjust the pH for corrosion control, Sodium Fluoride is used to help prevent dental cavities in young children, and Potassium Permanganate is used in the removal of iron and manganese to prevent staining of plumbing fixtures (sinks, tubs, etc). EXHIBITS: Proposal Forms for Water Treatment Chemical Supply for 2013 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: There is no unbudgeted fiscal impact as this is an annual cost which is planned for and budgeted. Funding comes from the Water Utility operating budget The City advertises for bids to ensure we are receiving the best products at the lowest cost. REQUEST FOR MAYOR'S SIGNATURE n KENT Please Fill in All Applicable Boxes �"1 /0 A nSr xtviJx � � viewed by Director Originator's Name: Sean Bauer Dept/Div. PW Operations/Water Extension 5616 Date Sent: Date Required: Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13 VENDOR: Cascade Columbia Distribution DATE OF COUNCIL APPROVAL: 11/20/12 Co. ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for Cascade Columbia to provide the Water department with water treatment chemicals for 2013. For additional information, see the attached Council motion sheet. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: 1, < Approval of Law Dept.: / + ` C Law Dept. Comments: RECEIVED DEC 2 ;nt; Date Forwarded to Mayor: " " cf the Mavor Shaded Areas To Be Completed By Administration staff Received,. Recommendations and-Comments: DEC 21 2012 Disposition: /ZI7JI1Z C!TY 01'i'ENT Date Returned: