HomeMy WebLinkAboutCAG2021-521 - Original - Newco, Inc. dba Cascade Columbia Distribution Co. - Water Treatment Chemicals - 12/14/2021FOR CITY OF KENT OFFICIAL UsE ONLY
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover
Sheet forms. (Print on pink or cherry colored paper)
5up/Mgr:
Dir Asst:
Dir/Dep:
KENT (optional)
WaSHtNGToN
E
oLo.
CL
Originator:
Nancy Y. for Tom Cunningham
Department:
Public Works
Date Sent:
12/08/202r
Date Required:
12/L3/202r
Authorized to Sign
|7lnltayor. or Designee
Date of Council Approval
N/A
Budqet Account Number:
41005s50 .63t50.7431
Budset? flves[nro
Grant? Yesf] ruoZl
Type: f\/{
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Vendor Name:
Newco, Inc. d.b.a Cascade Columbia Distribution Co.
Category:
Contract
Vendor Number:Sub-Category:
other Original
ProjectName: y4131er Treatment Chemical Supply for 2022
ProjectDetails: Provide Water treatment chemicals to Water department for 2022.
Agreement Amount: $45,025
Start Date: Mayor's signatt
Basis for Selection of Contractor: g16
* Memo to Moyor must be attoched
TerminationDate: 12131122
Local Business?
Business License
es lf meets requirements per KCC3.70.IA0, please complete'\lendor Purchase-Local Exceptions" fom on Cityspace.
Yesf ln-Proc"rrl-l E*.*pt (Kcc s.o 1 .04s)Verification:
Notice ired prior to disclosure?
No
Contract Number:
cAG202t-52L
UIoL
Prg orccglE
=Eo
Q'
CE
Comments:
Cagvb
Date Received: city Attorney: n/g/2L Date Routed: Mayor's office City Clerk's Affice 72 / L4 / 2L
adccw22373-1-20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.202105'13
KENT
GOODS & SERVICES AGREEMENT
between the City of Kent and
Newco, Inc. d/bla Cascade Columbia Distribution Co.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Newco, lnc. d/b/a Cascade Columbia Distribution Co. organized under the
laws of the State of Washington, located and doing business at 6900 Fox Avenue S., Seattle, WA 98108,
Phone: (206) 282-6334, Contact: Lance Jones (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The 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 2I,202t, which is
attached as Exhibit A and incorporated by this reference'
The 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, the Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2022'
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty Five
Thousand, Twenty Five Dollars ($45,025), 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:
Compensation of up to $45,025 is based on an estimate annual need. Actual need may
vary as follows:
item 6: zero to 30,000 lbs.
Item 9: zero to 1,000 lbs.
Therefore, actual compensation will be between $0 and $45,025 and be based on the exact
quantity of chemicals ordered by the City.
GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
Card Pavment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
piogram, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the 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 the
Vendor for any defective or unauthorized goods, materials or services. If the 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 the 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 Pavment: 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. 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 pertormance 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 the 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 the 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 Depaftment of Revenue.
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 the Vendor's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
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.
GOODS & SERVICES AGREEMENT - 2
(Over $20,00A, including WSST)
E
F
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, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14)
calendar days of the date the 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
pFoceed with the amended work upon receiving either a written amendment from the City or an oral order
irom 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 VIII, 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 the
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. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or
failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire,
flood, or other natural disaster or acts of government ("force majeure event"). Performance that is
prevented or delayed due to a force majeure event shall not result in liability to the delayed pafty' Both
parties represent to the other that at the time of signing this Agreement, they are able to perform as
required and their performance will not be prevented, hindered, or delayed by the current COVID-19
pandemic, any existing state or national declarations of emergency, or any current social distancing
restrictions or personal protective equipment requlrements that may be required under federal, state, or
local law in response to the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
pefformance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the
obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses/ damages, or delay costs incurred by the Vendor due to a force majeure event.
performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or
peformance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arislng from a direction by the City under this clause will be dealt with as a change order, except to the
exteni that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Vendor.
VIII. 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
GOODS & SERVICES AGREEMENT - 3
(Over $20,a00, including WSST)
giving rise to the claims, or within foufteen (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
otheriise, shall be conciusively 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,
itemslthrough5below.
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; and5. 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 Dutv 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).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT W]THIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILIW TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform ln accordance with their specifications and the Vendor's representations to City. The
Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or
GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the
existence or discovery of the defect. 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 an additional year beyond the original warranty
period applicable to the overall work. 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.
XI. 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.
The 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.
XII. INDEMNIFICATION. The 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, includ'ing all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance oi 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 the 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 the 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 the
Vendor shali 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.
XIII. 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.
xIV. WORK PERFORMED AT VENDOR'S RISK. The 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 the Vendor's own risk, and the 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.
XV. MISCELLANEOUSPROVISIONS.
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.
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
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 jurisdiltion of the King County Superior Court, King County, Washington, unless the pafties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
partiel' pertormance 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 p.ouided by liw; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII 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 stratt Oe binding unless in writing and signed by a duly authorized representative of the City
and the Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached herelo, 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 the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
Cascade Columbia - 2022 Water Chemicals/Cunningham
GOODS & SERVICES AGREEMENT - 7
(Over $20,000, including WSST)
VENDOR:
By
Print Name:Lance Jones
Municpal Contracts Manager for
Its Cascade Columbia D
DATE 1012912021
CITY OF KENT:
By
Print Name Dana Ralnh
DATE 1) l1AnO)I
NOTICES TO BE SENT TO:
VENDOR:
Lance Jones
Newco, lnc. d/b/a Cascade Columbia Distribution Co
6900 Fox Avenue S.
Seattle, WA 98108
(206) 282-6334 (telephone)
(206) 282-6330 (facsi mi le)
NOTICES TO BE SENT TO:
CITY OF KENT:
Chad Bieren, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telePhone)
(253) 856-6s00 (facsimile)
APPROVED AS TO FORM:
{htku}/
Kent Law Department
ATTEST:
h
Kent City Clerk
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, Jubcontractor 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
By
For:e Columbia Distribution Co
Title Municipa lContracts Manager
Date: 1012912021
EEO COMPLIANCE DOCUMENTS - 1 Of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT
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 910,000 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.
MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, MaYor
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
(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 t.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement'
By
t
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 Of 3
EXHIBIT A
WATER TREATMENT CHEMICAL SUPPLY FOR, 2022
PROPOSAL FORM
The undersigned hereby proposes to provide all equipment, labor, materlals and su-pflles to
perforrn the service as'specified in this contract (see Special Provisions 1.2 & 1.6) for the
following fees:
Bidder's Name:Newco lnc. dba Cascade Columbia Distribution Co.
Item Estimated
Annual
Usaqe
Descrlption Bid
Unlt
Unit
Prlces
Total
6 30,000
LBS*
Sodium Fluoride in 50 Lb. Bags
FOB Clark Springs
$ 1.40/ lbs. $ 42,000.00
LB
Total 42,000.00
*Estimated annual need is 30,000 lbs. Actual need may vary.
Newco lnc. dba Cascade Columbia Distribution Co
Company Submitting Proposal
Signature
Note: Contractor must submit a firm proposal for the contract tarm(s)'
WATER TREATMENT CHEMICAL SUPPLY FOR 2022
PROPOSAT FORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
pedorm the service as' specified in this contract (see Special Provisions 1.4 & 1.6) for the
following fees:
Bidder's Name: Newco Inc. dba Cascade Columbia Distribution Co.
TotrlItemBtdEstimated
Annual
Usaqe
Descriptlon
Unlt
Unlt
Prlccs
9 1,000
LBS*
Potassium Permanganate in
50 to 55 Lb. Drums
FOB 212th 5t, Treatment Plant
$ 2.75 $ 2,750.00
LB
Sub Total
10o/o WA State Sales Tax
Total
275.00
t 3 025.00
*Estimated annual need is 1,000 lbs. Actual need may vary.
Newco lnc, dba Cascade Columbia Distribution Co.
Company Submitting Proposal
zed Signature
Note: Contractor must submit a firm proposal for the contract term(s).
BID SUMMARY
Item l Total
Item ? Total
Item 3 Total
Item 4 Total
Item 5 Total
ftem 6 Total
Item 7 Total
Item I Total
Item 9 Total
Item 1O Total
Item 11 Total
Item 12 Total
Item 13 Total
$42,000.00
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
$2,750.00
$179,520.00
$22,440.00
NO BID
$14 960.00
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 a gents, representatives, employees or su bcontractors.
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 O1 or a substitute form providing equivalent liability
ioveiage. 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,
i ndependent contra ctors, prod ucts-com pleted operations, persona I i nj u ry
.
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 1185. The City
snatt ne 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.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liabilitv insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liabilitv insurance shall be written with limits no less
ttran $f ,000,000 each occurrence, $2,000,000 general aggregate and a
$2,000,000 products-completed operations aggregate limit'
B
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
(excepf Professional Liability) as respects work performed by or on behalf of
the cdntractor 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
Contrbctor'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 sult 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 thq
amendatory endorsements, including but not necessarily limjted !o 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.
OATE (MM/DD/YYYY}
1110512021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TI4IS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENO 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.
lMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer riqhts to the certilicate holder in lieu of such endorsement{sl.
PRODUCER
DML lnsurance Services
4005 20th Ave W Ste 1 32
Seattle wA 98199-
CONTACT
tt19\E- "-.,. (206)838-e077 rsI "^,.(206)838-9076
INSIIPFR'SI AFFORDING COVERAGE NAIC '
rilc,oEo ^
.American Int'l Specialty
INSURED
Newco, lnc.
Cascade Columbia Distribution Company
6900 Fox Ave S
Seattle WA 98108-
ru"unpn a.National Union Fire lns 19445
INSIIPFR C :
INSIIPFP D:
INSIIRFR F '
INSIIPFP F.
CERTIFICATE OF LIABILITY INSURANCE
CERTI
NI,JMBER:
TION Ar 549
@ 1988-2015 ACORD CORPORATION. All rights reserved.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
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,
IONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PERIOD
EXCLUS
POLICY EFF POLICY EXP LIMITSADDLDdt tav NuMnFpINSRIYPE OF INSURANCE
FACH OCCI IRRFNCF s 1,000,000
6oci,leEe /c- ^..1'rron.o\
DAMAGE TO RENTFD $ 1,000,000
MFn FYP /Anu ^ne .arsnl ( 25,000
q 1,000,000PERSONAL & ADV INJURY 4 2,000,000GENERAL AGGREGATE q 2,000,000PRODUCTS - COMP/OP AGG
$
10t3112021 10t3112022X14260808-00COMMERCIAL GENERAL LIABILITY
x
Vendors Liability
x Pollution Liability
LIMIT PER:
LOC
APPLIEST-lPRO.
JECT
CLAIMS-MADE OCCUR
s 1,000,000COMBINED SINGLE LIMIT
BODILY INJURY (Per peMn)$
BODILY INJURY (Per accident)$
$PROPERTY DAMAGE
$
10t31t2021 101311202201841-2558B
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON.OWNED
AUTOS ONLY
x
AUTOMOBILE LIAsILITY
q 20,000,000FACH OCCURRENCEx
q 20,000,000AGGRFGATFX
UMBRELLA LIAE
EXCESS LIAB
OCCUR
Ct AIMS.MADE
q
1At311202'l 1013112022X14260809-00A
nFn PFTtrNTINN q
x PER OTH.
FI FAEH AENINFNT { 1,000,000
{ 1,000,000E.L. DISEASE - EA EMPLOYEE
c 1,000,000
10t3112021 10t31t2022
E.L. DISEASE. POLICY LIMIT
N A
14260808-00
WA Stop Gap
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERYEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
lf yes. describe under
nFqcRlPTl6N OF nPFRATIONS hcl^w
DESCRIPTIONOFOpERATIONS/LOCATIONS/VEHICLES (ACORDl0l,AdditionalRemarksSchedule,maybe.attachedifmorespaceisrequired)
Below Certificate Holder is listed as additional ihsured with respect: work performed by insured.
City of Kent
Altn: Nancy Yoshitake
Public Works of Engineering
400 W Gowe
Kent wA 98032-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEL]VERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZEDREPRESENTATIVE 7
|}t#ruTl\r*kic--
ACORD 2s (2016/03)The ACORD name and logo are registered marks of ACORD
ENDORSEMENT NO. 5
This endorsement, effective 12:01 AM, l0l?tlzozt
Forms a part of Policy No: 14260808-00
lssued to: Newco, Inc. DBA Cascade Columbia Distribution Company
By: AIG Specialty lnsurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUIIY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAT GENERAL LIABIIITY AND
POLTUTION tEGAt LIABITITY COVERAGE FORM
It is hereby agreed as follows:
sEcTloN lv - coNDlTloNS, paragraph 7. Transfer of Rights of Recovery Against others to us - Applicable to coverages A, B,
C and E is amended by the addition of the following at the end of such subparagraph:
We waive any right of recovery we may have against the person or organization shown in the Schedule below because of
payments we make under Coverage A, B, C and E for injury or damage arising out of your ongoing operations or your work
done under a contract with that person or organization and included in the products-completed operations hazard' This
waiver applies only to the person or organization shown in the Schedule below.
SCHEDULE
Name of Person or Organization:
Blanket where required by written contract or agreement
All other terms, conditions, and exclusions shall remain the same
I
UTH PRESE TIVE
e4283 p/A7)
ct3021
Or countersignature (where required by law)
PAGE 1 OF 1
ENDORSEMENT NO. 12
This endorsement, effective 12:01 AM, LOlSLl2OZt
Forms a part of Policy No:14260808-00
lssued to:Newco, lnc. DBA Cascade Columbia Distribution Company
By:AlG Specialty lnsurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PTEASE READ IT CAREFUTLY.
COVERAGES A. B AND E ADDITIONAL INSURED -
DESIGNATED PERSON(5) OR ORGANTZATION(SI ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAT TIABILITY AND
POTLUTION TEGAL TIABILITY COVERAGE FORM
Solely as respects Coverages A, B and E, SECTION ll - WHO lS AN INSURED is amended to include as an insured the person(s)
or organization(s) shown in the Schedule below, but only with respect to bodily injury, property damage, personal and
advertising injury, environmental damage or emergency response costs caused in whole or in part, by your acts or omissions
or the acts or omissions of those acting on your behalf:
A. ln the performance of your work; or
B. ln connection with your premises owned by or rented to you
SCHEDUTE
Name of Additional lnsured Person(s) or Organization(s)
losco
28299 SW Boberg
Wilsonville, OR 97070
All other terms, conditions, and exclusions shall remain the same.
t
PRESE
Or countersignature (where required by law)
103366 (A9/n)
ct5034
PAGE 1 OF 1
ENDORSEMENT NO. 13
This e ndorsement, effective 12 :01 AM, LO I 3t I 2O2l
Forms a part of Policy No: 14260808-00
lssued tor Newco, lnc. DBA Cascade Columbia Distribution Company
By: AIG Specialty lnsurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULTY.
ADDITIONAT INSURED VENDORS ENDORSEMENT - PRIMARY AND NON-CONTRIBUTORY
This endorsement modifies insurance provided under the following:
COMMERCIAT GENERAT TIABILIW AND
POLLUTION TEGAL LIABILITY COVERAGE FORM
SCHEDUTE
Name of Person(s) or Organization(s) (Vendor):
Where required by written contract when such contract was signed and executed prior to the sale, distribution, handling or
transfer of your product
Your Products:
All products sold, handled or distributed by the insured
Solely as respects Coverages A, E-L, E-2 and E-3, if applicable, SECTION ll - WHO lS AN INSURED is amended to include as an
insured any person(s) or organization(s) (referred to herein as the "vendor") shown in the Schedule above, but only with
respect to bodily injury, property damage, environmental damage, or emergency response Gosts arising out of your
products shown in the Schedule above which are distributed or sold in the regular course of the vendor's business, subject to
all of the terms and conditions of this Policy and the additional following exclusions, terms and conditions:
1. The insurance afforded the vendor does not apply to
a. Bodily injury, property damage, environmental damage, or emergencY response costs for which the vendor is
obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not
apply to liability for damages that the vendor would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in your product made intentionally by the vendor;
d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution
of parts under instructions from the manufacturer, and then repackaged in the original container;
e. Any failure to make such 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 your product;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's
premises in connection with the sale of your product;
103388 (10/09) PAGE 1 OF 2
cr4401
2.
3.
ENDORSEMENT NO. 13 CONTINUED
g. Your product which, after distribution or sale by you, has been labeled or relabeled, or used as a container,
part or ingredient of any other thing or substance, by or for the vendor; or
h. Bodily injury, property damage, environmental damage or emergency response costs arising out of the
sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting
on its behalf. However, this exclusion does not apply to:
(1) The exceptions contained in Sub-paragraphs d. or f. above; or
(2) Such 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 your
product.
This insurance does not apply to any products you have acquired from a vendor, or any ingredient, part or
container, entering into, accompanying or containing such products.
Solely with respect to the coverage afforded to the vendor pursuant to this Endorsement, SECTION lV-
CONDITIONS, paragraph 4. Other lnsurance is deleted in its entirety and replaced with the following:
4. Other lnsurance
This insurance is primary and non-contributory, and our obligations are not affected by any other insurance
carried by such vendor whether primary, excess, contingent, or on any other basis.
All other terms, conditions, and exclusions shall remain the same
t
RESE
Or countersignature (where required by law)
103388 (10/09)
ct440!
Page2 of 2