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HomeMy WebLinkAboutCAG2025-023 - Amendment - #1 - Northstar Chemical, Inc. - 2025 Water Treatment Chemicals - 2/7/25 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 02/07/2025 2/12/2025 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: Northstar Chemical, Inc. Contract Vendor Number: Sub-Category: = Amendment 0 Project Name: 2025 Water Treatment Chemicals - Amd. 1 E ProjectDetails:Amendment necessary to replace with correct insurance = requirements. c 40 40 Agreement Amount: $31 700 Basis for Selection of Contractor: Bid 47 `Memo to Mayor must be attached 3- Start Date: 2/7/2025 -Amd. 1 Termination Date: 12/31/2025 Im Q Local Business?F--]YesF--]No* If meets requirements per KCC3.70.100,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 CAG2025-023 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: 2/7/2 5 ac«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 w KENT W A S H I N G T G N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Northstar Chemical, Inc. CONTRACT NAME & PROJECT NUMBER: 2025 Water Treatment Chemicals ORIGINAL AGREEMENT DATE: 01/16/2025 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 David A. Brock ON.Works Oper to Brock,o=Cityck Kent,wa.Public Works Operations,email=dbrock@kentwa.gov, c=US B y: B y: Date:2025.02.07 06 24 41-08'00' Print Name: Matthew J Werger Print Name: David A. Brock, P.E. Its EVP - General Mgr Its: Deputy Director Operations AMENDMENT - 1 OF 2 DATE: DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) 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. Client#: 1617270 NORTHCHE10 DATE(MM/DD/YYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE 1 5/29/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stephanie Ruppenstein USI Insurance Services, LLC PHONE 628 201-9001 FAX Lic#OG11911 E-MAILo,Ext: A/C,No ADDRESS: steph.ruppenstein@usi.com 575 Market Street,Suite 3750 INSURER(S)AFFORDING COVERAGE NAIC# San Francisco,CA 94105 INSURER A:Everest Indemnity Insurance Company 10851 INSURED INSURER B:Vanllner Insurance Company 21172 Northstar Chemical Inc. National Interstate Insurance Company 32620 INSURER C: P Y 14200 S.W.Tualatin-Sherwood Road INSURER D: Sherwood, OR 97140 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. LT R TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EFlEA00013241 6/01/2024 06/01/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE �X OCCUR PREMISES EaoN.0 RENTED $300,000 X $50,000 BI/PD DED. MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGGATTE LIMIT APPLIESES PER: GENERAL AGGREGATE $2,000,000 POLICY XI JECOT [XI LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: POLLUTION $1,000,000 C AUTOMOBILE LIABILITY GAL484005301 6/01/2024 06/01/202 CMINED Ea acciden SINGLE LIMIT $210001000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ X MCS-90 INCL. $ A UMBRELLA LIAB X OCCUR EFIXS00040241 6/01/2024 06/01/2025 EACH OCCURRENCE $10 000 000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $1 O 000 000 DED RETENTION$ $ B WORKERS COMPENSATION GBW484005301 06/01/2024 06101/2025 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT s2,000,000 Y/N OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 A STOP GAP EMPL.LIA EFlEA00013241 6/01/2024 06/01/202 BI ACC.-$1MM EA.ACC. STOP GAP-STATE OF BI DISEASE-$1MM AGGREG. WASHINGTON BI DISEASE-$1MM EA.EMPL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Kent is named as additional insured as it relates to general liability and auto liability in accordance with the terms and conditions of the policies. Umbrella/Excess Liability follows form as it relates to additional insureds.The above coverage is primary and non-contributory where required by (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE © 88-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S44908152/M44892044 SACT DESCRIPTIONS (Continued from Page 1) written contract. Certificate holder is provided 30 days notice of cancellation in accordance with the terms and conditions of the policies. SAGITTA 25.3(2016/03) 2 of 2 #S44908152/M44892044 GAL484005301 COMMERCIAL AUTO NI CA 50 57 06 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. Who Is An Insured under COVERED AUTOS LIABILITY COVERAGE is amended to include as an "insured", any person or organization you are required to add as an additional insured on this policy under a written contract, agreement or permit which must be: a. currently in effect or becoming effective during the term of the policy; and b. executed prior to the "bodily injury" or"property damage." The insurance provided to this additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to liability arising out of your operations performed for that additional insured as specified in the written contract, agreement or permit. 2. The limits of insurance applicable to the additional insured are those in written contract, agreement, permit or in the Declarations for this policy, whichever are less. These limits of insurance are inclusive of and not in addition to the Limit of Insurance for Liability Coverage shown in the Declarations. 3. Coverage is not provided for "bodily injury" or "property damage" arising out of the sole negligence of the additional insured. Any coverage provided hereunder will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary. When this insurance is in excess, we will have no duty to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insurer's rights against all those other insurers. All other terms and conditions of this policy remain unchanged. NI CA 50 57 06 14 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. Copyright, Insurance Services Office, Inc. GAL484005301 NI CA 20 56 01 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY COVERAGE - ADDITIONAL INSURED - BUSINESS AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s) Covera e provided by this endorsement applies on a blanket basis when required in a written contract. This responsibility ends when the contractual obligations of the insured ends. A. The following is added to Paragraph c. under A.1. Who Is An Insured, of Section II - Covered Autos Liability Coverage: Any person or organization shown in the above Schedule who is required to be named as an additional insured under a written contract or agreement between you and that person or organization is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. In addition, the written contract or agreement must be signed and executed by you and the person or organization before the "bodily injury" or "property damage" occurs and in effect during the policy period. B. The following is added to Paragraph 5. Other Insurance, under B. General Conditions of Section IV - Business Auto Conditions: If the person or organization in the above Schedule under a written contract or agreement with you requires this insurance to be primaryy and non contributory, regardless of the provisions under paragraph a. and paragraph d. of part 5. Other Insurance, this insurance will be primary and non contributory to any other insurance where the scheduled person or organization is a Named Insured, with respects to the insured's sole negligence. The written contract or agreement must be signed and executed by you and the person or organization before the "bodily injury" or "property damage" occurs and in effect during the policy period. NI CA 20 56 01 14 Page 1 of 1 POLICY NUMBER: EFlEA00013-241 EVEREST ENVIRONMENTALPLUS ECG 20 634 05 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: EVEREST ENVIRONMENTALPLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Organ ization s : Operations Blanket where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — 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" or"property damage" or "environmental damage" but only to the extent 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 included in the "products-completed operations hazard". B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the written agreement between the parties; or 2. The Limits of Insurance provided by this Coverage Part. D. With respect to the insurance afforded to an additional insured, this insurance does not apply to "bodily injury", "property damage", "environmental damage" or "personal and advertising injury" arising out of any act or omission of an additional insured or any of its"employees". ECG 20 634 05 17 Copyright, Everest Reinsurance Company 2017 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. POLICY NUMBER: EF1EA00013-241 EVEREST ENVIRONMENTAL PLUS ECG 20 629 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: EVEREST ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Endorsement Number Organ ization s : Blanket where required by written contract Information required to complete this Schedule, if not shown above, shall read: "All person(s) or organization(s) included as additional insured through an endorsement(s)to this policy with the term "additional Insured" in its title. For person(s) or organization(s) listed in the Schedule above that are also included as an additional insured under an endorsement attached to this policy, the following is added to Paragraph 14. Other Insurance of Section IV— Conditions: If other valid and collectible insurance is available to an additional insured listed in the Schedule above for a "loss" we cover under this policy, this insurance will apply to such "loss" on a primary basis and we will not seek contribution from the other insurance available to the additional insured provided that you have specifically agreed in a written contract executed prior to the "loss"that this insurance must be primary and noncontributory with such other insurance issued directly to such additional insured. ECG 20 629 08 18 Copyright, Everest Reinsurance Company 2018 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. POLICY NUMBER: EF1EA00013-241 INTERLINE EIL 04 522 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART EVEREST ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name of Person or Organization: Blanket where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: This insurance does not apply to "bodily injury", "property damage", "environmental damage" or other damage, cost or expense occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this Policy remain unchanged. EIL 04 522 10 18 Copyright, Everest Reinsurance Company 2018 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. 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.