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HomeMy WebLinkAboutCAG2021-521 - Amendment - #1 - Newco, Inc. dba Cascade Columbia Distribution Co. - Water Treatment Chemicals - 10/13/2022Nancy Y. for Tom Cunningham Public Works 10/13/2022 10/17/2022 N/A 41005550.63150.7431 N/A Newco, Inc. DBA Cascade Columbia Distribution Company Contract Amendment 2022 Water Treatment Chemical Supply Purchase additional potassium permanganate. Other 12/31/2022 $1,665.26 CAG2021-521 10/13/2022 • KENT WASHINGTON AMENDMENT NO. #1 NAME OF CONSULTANT OR VENDOR: Newco, Inc. DBA Cascade Columbia Distribution Company CONTRACT NAME & PROJECT NUMBER: 2022 Water Treatment Chemical Sunnly ORIGINAL AGREEMENT DATE: 12/14/2021 This Amendment is made between the City and the above -referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The City's use of its 212t" Street Iron & Manganese Treatment Plant has extended past normal annual use due to water projects impacting the availability of other water sources. This extended use has expended the original contract amount for water treatment chemicals used in the treatment process. The authorized purchase amount for potassium Permanganate which was bid item #9 in the original contract needs to be increased. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $45,025.00 including applicable WSST Net Change by Previous Amendments $0.00 including applicable WSST Current Contract Amount $45,025.00 including all previous amendments Current Amendment Sum $1,512.50 Applicable WSST Tax on this $152.76 Amendment Revised Contract Sum $46,690.26 AMENDMENT - 1 OF 1 Original Time for Completion 12/31/2022 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'I Days Required (f) for this 0 calendar days Amendment Revised Time for Completion 12/31/2022 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: Digitally signed by David A. Brock David A . Brock ON:Works Operat A Brock, o=City of Kent, wa. Public Works Operations, email=dbrock@kentwa.gov, c=US By: By: Date: 2022.10.1313:27:10-07'00' (signature) {signature) Print Name: ante Jones Print Name: David A. Brock P.E. Its Municipal Contracts Manager Its De ut Director erations (title) (title) DATE: 10/13/2022 DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) i AU Kent City Clerk Kent Law Department [In this field, you may enter the electronic filepath where the contract has been saved AMENDMENT - 2 OF 2 75- f-P-r 14 I 571Z- i� 5-1) APP 11/05/2021 DML Insurance Services 4005 20th Ave W Ste 132 Seattle WA 98199- (206)838-9077 American Int`l Specialty National Union Fire Ins Newco, Inc. 6900 Fox Ave S Seattle WA 98108- Cascade Columbia Distribution Company 19445 (206)838-9076 X X X Pollution Liability X Vendors Liability X X 14260808-00A 10/31/2021 10/31/2022 1,000,000 1,000,000 25,000 1,000,000 2,000,000 2,000,000 X X 018-41-2558B 10/31/2021 10/31/2022 1,000,000 X X 14260809-00A 10/31/2021 10/31/2022 20,000,000 20,000,000 X 14260808-00A 10/31/2021 10/31/2022 WA Stop Gap X 1,000,000 1,000,000 1,000,000 Below Certificate Holder is listed as additional insured with respect: work performed by insured. AI 549 Attn: Nancy Yoshitake Public Works of Engineering 400 W Gowe Kent WA 98032- City of Kent ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 have ADDITIONAL INSURED provisions or 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE ENDORSEMENT NO. 5 This endorsement, effective 12:01 AM, 10/31/2021 Forms a part of Policy No: 14260808-00 Issued to: Newco, Inc. DBA Cascade Columbia Distribution Company By: AIG Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. All other terms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE Or countersignature (where required by law) 94283 (3/07) CI3021 PAGE 1 OF 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed as follows: SECTION IV – CONDITIONS, 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 ENDORSEMENT NO. 12 This endorsement, effective 12:01 AM, 10/31/2021 Forms a part of Policy No:14260808-00 Issued to:Newco, Inc. DBA Cascade Columbia Distribution Company By:AIG Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 103366 (09/11) CI5034 PAGE 1 OF 1 COVERAGES A, B AND E ADDITIONAL INSURED – DESIGNATED PERSON(S) OR ORGANIZATION(S) ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM Solely as respects Coverages A, B and E, SECTION II - WHO IS 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. In the performance of your work; or B.In connection with your premises owned by or rented to you. SCHEDULE Name of Additional Insured Person(s) or Organization(s): Iosco 28299 SW Boberg Wilsonville, OR 97070 All other terms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE Or countersignature (where required by law) ENDORSEMENT NO. 13 This endorsement, effective 12:01 AM, 10/31/2021 Forms a part of Policy No: 14260808-00 Issued to: Newco, Inc. DBA Cascade Columbia Distribution Company By: AIG Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 103388 (10/09) CI4401 PAGE 1 OF 2 ADDITIONAL INSURED VENDORS ENDORSEMENT – PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE 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-1, E-2 and E-3, if applicable, SECTION II - WHO IS 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 costs 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; ENDORSEMENT NO. 13 CONTINUED 103388 (10/09) Page 2 of 2 CI4401 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. 2.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. 3.Solely with respect to the coverage afforded to the vendor pursuant to this Endorsement, SECTION IV- CONDITIONS, paragraph 4. Other Insurance is deleted in its entirety and replaced with the following: 4. Other Insurance 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 AUTHORIZED REPRESENTATIVE Or countersignature (where required by law)