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HomeMy WebLinkAboutCAG2024-009 - Amendment - #1 - JCI Jones, Inc - 024 Water Treatment Chemical Supply - 7/1/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Dani H. for Tom Cunningham Public Works Date Sent: Date Required: 0 07/01/2024 7/05/2024 CL Director or Designee to Sign. Date of Council Approval: Q N/A Budget Account Number: Grant?[:]YesZNo 41005550.63150.7431 Budget?R]Yes:No Type: N/A Vendor Name: Category: JCI Jones Chemical, Inc. Contract Vendor Number: Sub-Category: = Amendment 0 Project Name: 2024 Water Treatment Chemical Supply E i Project Details:Raw material cost increases were recently issued by the producers of chlorine. This cost increase affects the City's distributor of chlorine gas used in the disinfection process of the City's water supply. As of July 1, 2024 _= updated prices are: 20001b/Ton containers- $2,900 per ton container. 1501b Cylinder- $611 per cylinder. C 411 Agreement Amount: $336 Basis for Selection of Contractor: Bid 47 `Memo to Mayor must be attached 3- Start Date: 7/1/2024 Termination Date: 12/31/2024 Q Local Businessf-TesF�NO* If meets requirements per KCC3.70.100,pleose complete'Vendor Purchase-Locol Exceptions"form onCityspoce. Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: Yes:✓ No CAG2024-009 Comments: a1 C 3 N � H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KENT WASHINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: JCI Jones Chemicals, Inc. CONTRACT NAME & PROJECT NUMBER: 2024 Water Treatment Chemical Supply ORIGINAL AGREEMENT DATE: 1/24/2024 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: Raw material cost increases were recently issued by the producers of chlorine. This cost increase affects the City's distributor of chlorine gas used in the disinfection process of the City's water supply. As of July 1, 2024 updated prices are: 20001b/Ton containers - $2,900 per ton container. 1501b Cylinder - $611 per cylinder. 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, $41,133 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $41,133 including all previous amendments Current Amendment Sum $336 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $41,469 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/2024 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (t) for this ^0 calendar days Amendment Revised Time for Completion 112/31/2024 (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: Mi Ily signed by Chad Bieren Chad Bier2024.07.01 09,12:30-07,00, B By:I . Print Name: M' Ca l �1'4C(Yl '� Print Name: Chad Bieren, P.E. Its IL C �� Its: Public Works Director DATE: DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department P:Vldmin\Contracts%Dani AMENDMENT - 2 OF 2 DATE(MM/DDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 11/15/2023 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). PRODUCER CONTACT NAME: Certificate Department Arthur J. Gallagher Risk Management Services, LLC PHONE FAX 2850 Golf Rd A/C No Ext: A/C No), Rolling Meadows IL 60008 ADDRESS: CertRequests@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Underwriters at Lloyd's London 15792 INSURED JCIJONE-06 INSURER B:Starr Indemnity&Liability Company 38318 JCI Jones Chemicals, Inc.. 1765 Ringling Boulevard INSURERC: Sarasota FL 34236 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:2000842316 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 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP IY LIMITS LTR INSD WVD POLICY NUMBER MM/DDYYY IY MM/DDYYY A X COMMERCIAL GENERAL LIABILITY ENVP0000380-23 11/15/2023 11/15/2024 EACH OCCURRENCE $1,000,000 Fv� DAMAGE TO CLAIMS-MADE OCCUR PREMISES (E.occur ante) $500,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑ PRO- JECT ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: $ B AUTOMOBILE LIABILITY 1000679592231 11/15/2023 11/15/2024 COMBINED SINGLE LIMIT $2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ A X UMBRELLA LIAB X OCCUR ENVX0000368-23 11/15/2023 11/15/2024 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Pollution Liability ENVP0000380-23 11/15/2023 11/15/2024 Each Loss Limit $1,000,000 Aggegate Limit $2,000,000 Deductible: $50,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Aspen Specialty Insurance Company-$10M Excess$15M EXOOU8R23 Limit of Liability:$10,000,000 Effective 11/15/2023-11/15/2024 City of Kent is an Additional Insured as respects General Liability and Auto policies,pursuant to and subject to the policy's terms,definitions,conditions and exclusions. Coverage is primary and non-contributory and a waiver of subrogation applies per the attached.Waiver of Subrogation applies to certificate holder, as respects General Liability and Auto policies,pursuant to and subject to the policy's terms,definitions,conditions and exclusions.The insurance provided in the General Liability and Auto policies is primary and any other insurance shall be excess only,and not contributing. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S. Kent WA 98032 AUTHORIZED REPRESENTATIVE USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO SICA-1024 06 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SCHEDULED PERSON OR ORGANIZATION AMENDATORY ENDORSEMENT Policy Number: 1000679592231 Effective Date: 11/15/2023 Named Insured: JCI Jones Chemicals, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Additional Insured(s): Where required by written contract It is hereby agreed that SECTION II — COVERED AUTOS LIABILITY COVERAGE A. Coverage, 1. Who Is An Insured of the Business Auto Coverage Form and Motor Carrier Coverage Form, and SECTION I — COVERED AUTOS COVERAGES, D. Covered Autos Liability Coverage, 2. Who Is An Insured of the Auto Dealers Coverage Form are amended to include the following: Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your use of a covered "auto". However, the insurance afforded only applies to the extent permitted by law, and will not exceed the lesser of: (1) The coverage and/or limits of this policy; or (2) The coverage and/or limits required by said contract or agreement. All other terms and conditions of this policy remain unchanged. SICA-1024 06 21 Copyright©Starr Indemnity&Liability Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL AUTO SICA-1020 (0919) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (BLANKET WAIVER OF SUBROGATION) AMENDATORY ENDORSEMENT Policy Number: 1000679592231 Effective Date: 11/15/2023 Named Insured: JCI Jones Chemicals, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. It is hereby agree that SECTION IV—BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us of the Business Auto Coverage Form,and SECTION V—MOTOR CARRIER CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us of the Motor Carrier Coverage Form are deleted in their entirety and replaced with the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident' or"loss"to impair them. However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident' or"loss", provided that the "accident' or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. B. It is hereby agreed that SECTION IV — CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us of the Auto Dealers Coverage Form is deleted in its entirety and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident' or"loss" to impair them. However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident' or"loss", provided that the "accident' or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. This condition does not apply to damages under Paragraph C. Locations And Operations Medical Payments Coverage of Section II—General Liability Coverages. All other terms and conditions of this Policy remain unchanged. SICA-1020 (0919) Copyright©Starr Indemnity&Liability Company. All rights reserved. Pagel of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Endorsement Title Additional Insured—Owners, Lessees or Contractors—Completed Operations Amendatory Endorsement Named Insured Endorsement Number JCI Jones Chemicals, Inc. 052 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000380-23 11/15/2023 to 11/15/2024 GAP 10 04 6/1/2020 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd's, London/ Hudson Excess Insurance Company 12/06/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS—COMPLETED OPERATIONS AMENDATORY ENDORSEMENT Solely with respect to §I. COVERAGES, Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY the Policy is amended as follows: SCHEDULE Name of Additional Insured Person(s) or Location and Description of Completed Organization(s) Operations Blanket where required by written insured Where required by written insured contract contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1. §III. WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or environmental damage caused, in whole or in part, by your work at the location designated and described in the schedule of this endorsement performed for that additional insured and that is included in the products-completed operations hazard. 2. Notwithstanding §VI. CONDITIONS, Paragraph I. Other Insurance, with respect to the insurance afforded to the additional insureds added by this Endorsement, this Policy shall be primary to, and non- contributory with, any other insurance available to that person or organization when required by written insured contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Endorsement Title Additional Insured—Owners, Lessees or Contractors—On-Going Operations Amendatory Endorsement Named Insured Endorsement Number JCI Jones Chemicals, Inc. 041 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000380-23 11/15/2023 to 11/15/2024 GAP 10 28 7/1/2019 Issued by Effective Date of Endorsement Underwriters at Lloyd's, London/Hudson Excess Insurance Company 11/15/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS—ON-GOING OPERATIONS AMENDATORY ENDORSEMENT Solely with respect to §I. COVERAGES, Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY the Policy is amended as follows: SCHEDULE Name of Additional Insured Person(s) or Organization(s) Blanket where required by written insured contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 5. §III. WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for bodily injury, property damage or environmental damage caused, in whole or in part, by your work that is not included in the products- completed operations hazard. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Endorsement Title Waiver of Subrogation Specific Entity Condition Amendatory Endorsement Named Insured Endorsement Number JCI Jones Chemicals, Inc. 038 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000380-23 11/15/2023 to 11/15/2024 GAP 10 31 6/1/2016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd's, London/Hudson Excess Insurance Company 11/15/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION SPECIFIC ENTITY CONDITION AMENDATORY ENDORSEMENT It is hereby agreed that §VI. CONDITIONS Paragraph O. Subrogation is deleted in its entirety and replaced with the following: O. Subrogation If the insured has rights to recover all or part of any payment we have made under this Policy, those rights are transferred to us and the insured shall not do anything to impair such rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. Any amounts so recovered by us shall be allocated first to the expenses incurred in such recovery prorated in accordance with each interested party's share in the total recovery, then to the insured to the extent of any Deductible it actually has paid and any payments it actually has made in excess of the applicable Limits of Liability, and last to us to the extent of our payment under this Policy. However, if the insured has waived rights of recovery against any person or organization, including the person or organization scheduled below, in a written insured contract prior to a claim or loss, we also waive such right of recovery we may have under this Policy against such person or organization. Schedule of Person(s) or Organization(s): Blanket where required by written insured contract ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.