HomeMy WebLinkAboutCAG2025-020 - Amendment - #1 Newco, Inc. DBA Cascade Columbia Distribution Company - 1/21/25 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 01/21/2025 1/24/2025
CL Authorized to Sign: Date of Council Approval:
C Director or Designee N/A
Budget Account Number: Grant?[:]YesZNo
41005550.63150.7431
Budget?R]Yes:No Type: N/A
Vendor Name: Category:
Newco,Inc.DBA Cascade Columbia Distribution Company Contract
Vendor Number: Sub-Category:
= Original
0
Project Name: 2025 Water Treatment Chemical Supply
E
c Project Details:Vendor shall supply water treatment chemicals to the City for
� pp Y Y
= 2025.
c
a�
Agreement Amount: $47 926.40 Basis for Selection of Contractor: Bid
GJ
`Memo to Mayor must be attached
� Start Date: 1/13/25 Termination Date: 12/31/2025
Q Local Business?F--]YesF--]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
,�yef7llNo CAG2025-020
Comments:
a1
G
3
4)
H
•� i
N 3
f0
C
V1
Date Routed to the City Clerk's Office: 1/21/25
ac«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
w
KENT
W n S H I N G T G N
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Newco, Inc. DBA Cascade Columbia Distribution Co.
CONTRACT NAME & PROJECT NUMBER: 2025 Water Treatment Chemicals
ORIGINAL AGREEMENT DATE: 01/13/2025
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 XIII of the Agreement, entitled "Insurance," is hereby modified as follows:
Exhibit B is deleted in its entirety and replaced with the new Exhibit B,
attached and incorporated by this reference.
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
ON:cn=David A Brock,o=City of Kent,
David A. Brock
ou=Public Works Operations,
email=dbrock@kentwa.gov,c=US
By: By: Date:2025.01.21 09:27:28-08100'
Print ame: Lance Jones Print Name: David A. Brock, P.E.
Its Municipal Contracts Manager Its: Deputy Director Operations
DATE: 1/20/2025 DATE:
AMENDMENT - 1 OF 2
ATTEST: APPROVED AS TO FORM:
(applicable if Mayor's signature required)
L;t 6wk
Kent City Clerk Kent Law Department
P:\Admi n\Contratcs\Dani
AMENDMENT - 2 OF 2
Exhibit B
Insurance Requirements
Insurance
Contractor shall procure and maintain for the duration of this 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:
Commercial General Liability insurance shall be written on Insurance
Services Office (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. If a general
aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
The Contractor may use Umbrella or Excess Policies to provide the
liability limits as required in this Agreement. This form of insurance will
be acceptable if all the Primary and Umbrella or Excess Policies shall
provide all the insurance coverages herein required. The Umbrella or
Excess policies shall be provided on a true "following form" or broader
coverage basis, with coverage at least as broad as provided on the
underlying Commercial General Liability insurance.
Automobile Liability insurance providing bodily injury and property
damage liability coverage for all automobiles/vehicles used in the
performance of this Agreement. This coverage must be on a primary
and non-contributory basis only. Coverage shall be written on 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.
Contractor's Pollution Liability insurance applicable to the work being
performed and from the operations of the Contractor doing work on
behalf of the City.
Workers' Compensation coverage for the employees of Contractor and
subcontractors as required by the Industrial Insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
Commercial General Liability insurance shall be written with limits no
less than $2,000,000 per occurrence, $2,000,000 general aggregate,
and $2,000,000 products-completed operations aggregate limit.
Primary Non-Contributory Additional Insured coverage for the City of
Kent, et. al.
Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000
Waiver of Subrogation
Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $2,000,000 per occurrence.
Contractor's Pollution Liability insurance shall be written with a limit no
less than $2,000,000 per claim or occurrence, and $2,000,000
aggregate.
If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City. The above policy
limits may be obtained with excess liability (umbrella) insurance.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions:
1. The Contractor's insurance coverage shall be primary insurance
with respect to the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be in
excess of the Contractor's insurance policies and shall not
contribute to the Contractor's insurance policies.
2. Contractor's insurer must deliver, or mail written notice of
cancellation to the named insured at least forty-five (45) days
before the effective date of the cancellation. The Contractor's
insurance policy shall include an endorsement that provides the
City with written notice of cancellation forty-five (45) days
before the effective date of the cancellation. If Contractor's
insurer fails to provide the City with a copy of the notice of
cancellation endorsement, the Contractor must notify the City of
any cancellation, nonrenewal or termination within two (2)
business days of their receipt of such notice.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) with respect to work
performed by or on behalf of the Contractor and a copy of the
endorsement naming the City as an 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 claims are made or suit is
brought, except with respect 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. The City waives no
rights, and the Contractor is not excused from performance if Contractor
fails to provide the City with a copy of the endorsement naming the City as a
Primary Non-Contributory Additional Insured.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverage for subcontractors shall be subject to all the same insurance
requirements as stated herein for the Contractor.
® DATE(MM/DD/YYYY)
.a►��v CERTIFICATE OF LIABILITY INSURANCE
12/17/2024
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 NAME: Kelsey Spaniel
Arthur J. Gallagher Risk Management Services, LLC PHONE
777 108th Avenue NE,Suite 200 (ac No Extl:425-586-1011 ac No:425-451-3716
Bellevue WA 98004 AA . Ess: kelsey_spaniel aj com
INSURER S AFFORDING COVERAGE NAIC#
INSURER A:Aspen Specialty Insurance Company 10717
INSURED NEWCINC-02 INSURER B:AIG Specialty Insurance Company 26883
Newco Inc dba Cascade Columbia Distribution Company INSURER c:National Union Fire Insurance Com an of Pittsbur . 19445
6900 Fox Ave. S
Seattle,WA 98108 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1953231688 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
B X COMM ERCIAL GENERAL LIABILITY Y 14260808-03 10/31/2024 10/31/2025 EACH OCCURRENCE $1,000,000 _-
CLAIMS-MADE [_J OCCUR PREMSES Ea occurrence $1,000,000
_MED EXP(Any one person) $25,000
X Vendors Liab. PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
X POLICY❑JEC PROT ❑LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER:
COMBINED SINGLE LIMIT 1,000,000
C AUTOMOBILE LIABILITY 184-12-558 10/31/2024 10l31/2025 (Ea accidentl $
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED NON-OWNED PROPERTY
eOrac TYDAMAGE $
AUTOS ONLY AUTOS ONLY -
$
B X UMBRELLA LIAB X OCCUR Y 14260809-03 10/31/2024 10/31/2025 EACH OCCURRENCE $10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
DED RETENTION$ $
B WORKERS COMPENSATION 14260808-03 10/31/2024 10/31/2025 STATUTE X OERH WA Stop Gap
AND EMPLOYERS'LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMDEREXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
B Pollution Legal Liability 14260808-03 10/31/2024 10/31/2025 Each Loss Limit $1,000,000
A Excess Liability EXOOXYF24 10/31/2024 10/31/2026 Per Occurrence 10,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
Below Certificate Holder is listed as additional insured with respect:work performed by insured.Umbrella is follow-form
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,
Attn: Nancy Yoshitake
Public Works of Engineering,400 W GOwe, AUTHORIZED REPRESENTATIVE
Kent WA 98032
USA 6�_� P_"-_
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
ENDORSEMENT NO.15
This endorsement,effective 12:01 AM,10/31/2024
Forms a part of Policy No:14260808-03
Issued to:Newco,Inc.DBA Cascade Columbia Distribution Company
By:AIG Specialty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED VENDORS ENDORSEMENT—PRIMARY AND NON-CONTRIBUTORY
SCHEDULE r;
Name of Person(s)or Organisation(s)(Vendor):
Blanket where required by written contract,where such contract was executed prior to the sale,release or distribution of
your product
Your Products:
All Products of the Named 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 organisation(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 unauthorised 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;
a
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
143301(09/21)C16608 Page 1 of 2
ENDORSEMENT NO.1SCONTINUED
(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. Otherinsurance
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 rEtRESENTATIVE
Or countersignature ere required by law)
143301(09/21)C16608 Page 2 of 2