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HomeMy WebLinkAboutPW16-398 - Original - Rivers Edge Environmental Services, Inc. - Vactor Solid Waste Disposal - Contract - 11/15/16 _' j� IKEN U. Document wnsnlecloe '.;..,,. i CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Rivers Edge Environmental Services Inc. Vendor Number: JD Edwards Number Contract Number: FW IU - %w 0() I This is assigned by City Clerk's Office I Project Name: Vactor Solid Waste Disposal 2016 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: �f Eli IIV Contract Effective Date: Date of the Mayor's signature Termination Date: 60workingdays Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Greg Reed Department: PW Operations Contract Amount: $217,056.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Load and haul ap rp oximately 3,000 tons of vactor_solid waste material toan approved landfill. I As of: 08/27/14 �i KF-NT GOODS & SERVICES AGREEMENT between the City of Kent and Rivers Edge Environmental Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rivers Edge Environmental Services, Inc. organized under the laws of the State of Washington, located and doing business at 19210 268th Ave. SE, Maple Valley, WA 98036, Phone: (206) 396-0271/Fax: (425) 584-7089, Contact: Paul Kemp (hereinafter the "Vendor"). AGREEMENT i I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall load trucks and haul approximately 3,000 tons of Vactor solid waste material to an approved landfill. For a copy of the Vendor's bid, see Exhibit A which is attached and incorporated by this reference. 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, Vendor shall complete the work and provide all goods, materials, and services within sixty (60) working days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Two Hundred Seventeen Thousand, Fifty Six Dollars ($217,056.00), 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: The Vendor shall be paid monthly for work performed. GOODS &SERVICES AGREEMENT - 1 (Over$20,000, including WSST) i If the City objects to all or any portion of an invoice, it shall notify 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 Vendor for any defective or unauthorized goods, materials or services. If 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 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 Payment: 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 performance 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 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 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 Department of Revenue. E. 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 Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. 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. 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, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date 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 GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) 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 proceed with the amended work upon receiving either a written amendment from the City or an oral order from 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 VII, 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 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. 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 giving rise to the claims, or within fourteen (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 otherwise, shall be conclusively 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. i At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. 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; and 5. 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 Duty 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. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) l 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). ! VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. 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. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon 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, X. 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. i 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. XI. INDEMNIFICATION. 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, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of 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 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 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 j jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) 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. XII. 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. XIII. WORK PERFORMED AT VENDOR'S RISK. 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 Vendor's own risk, and 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. XIV. MISCELLANEOUS PROVISIONS, 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. 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 j 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 jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance 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 provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI 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 shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, 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. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) 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 Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. i 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 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. VENDOR: CITY OF KENT: ts (S gnatu�re) f� / �, r �, (Signature) Print Nargz: �u w( GU ! `uvl'IQ Krint Na0e:i Suzette Cooke Its ry151d_"LA Its ' Mayor / DATE: �I - 3 (title) DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Paul Kemp Timothy J. LaPorte, P.E. Rivers Edge Environmental Services, Inc. City of Kent 19210 2681h Ave. SE 220 Fourth Avenue South Maple Valley, WA 98037 Kent, WA 98032 (206) 396-0271 (telephone) (253) 856-5500 (telephone) (425) 584-7089 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: 1 ( f Keht Law De Department I Rivers Edge-Vaseor Solid Waste Disposal/Reed GOODS & SERVICES AGREEMENT 6 (Over$20,000, including WSST) 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, subcontractor 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 s72; , ree to fuE equirements referenced above. By;For: �ial— t y , . �i1C. Title: -YrzS) d6PL l Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 L= CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor 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 $10,000 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. i 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 the (date), between the firm I represent and the City of Kent. I I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT Vactor Solid Waste Disposal 2016 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.0) for the following fees: Bidder's Name: dui P �1J" ' � i/ s III Item Estimated Description Unit Total Annual Prices Usage 1 1,500 Vactor Solid Waste TONS* From Vactor Waste Facility Screened Total $_ *Annual weight is estimated. Actual weight may vary. Company Submitting Proposal Authori atur Note: Contractor must submit a firm proposal for the contract term(s). Vactor Solid Waste Disposal 2016 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.0) for the following fees: Bidder's Name: eG.th Item Estimated Description Unit Total Annual Prices Usage 2 1,300 Vactor Solid Waste $ -77 t'y-- $ 100l 770- 6' TONS* From Vactor Waste Facility Unscreened Total $ 77(d• r *Annual weight is estimated. Actual weight may vary. Company S ting Proposal -✓' � LY��T J� I' Authorii�ffSignat7e Note: Contractor must submit a firm proposal for the contract term(s), j EXHIBIT S INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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 agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1, Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 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 Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: EXHIBIT B (Continued) 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor's Pollution Liability insurance shall be written in an amount of at least $3,000,000 per loss, with an annual aggregate of at least $3,000,000. Coverage may be written on a claims-made basis. 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: 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 (except Professional Liability) as respects work performed by or on behalf of the contractor 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 Contractor'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 suit is brought, except with respects to the limits of the insurer's liability. EXHIBIT B (Continued) D. Contractor's Insurance for other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. 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. A ERTIFICATE OF LIABILITY INSURANCE DRTEt ��•'� _ 11/d/20 YYYJ /20Y6 THIS CERTIFICATE IS JSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BOLDER. 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 poiicy(ies) must be endorsed. If SUBROGATION 18 WAIVED,subject to the terms and conditions of the policy,Certain policies may require an endorsement. A statement on this certificate dou a not confer rights to the caHlfleato holder in lieu of such endoreoree mt s. PRODUCER HANMTEACT Danielle Pethick EEN1'SCHBLL & ASSOC INC PHONE (2S3)272-Y151 Ip/FAX ue1• c Nnt las3)zoz-lzas 1436 S. Union Ave, E63.daniellep®hentschell.com INSURER{S)AFFORDING COVERAGR NAIC M "l aeOmB WA 98405-1925 _ IN6URERA:Crum & Forster Slaecialty Ins, _ _ INSURED INSURER B:OhiO SeCUrity Inanrance CO. _ ____ Rivera Edge Environmental Servicas Inc IN$URERC:CrWl & ForeteY Specialty Ina. _ 19210 268th Avenue BE INSURER D: INSURERE: -.... Maple Valley WA 98038 INSURER P: COVERAGES CERTIFICATE NUMBEP.:2016/2017 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 SUER PODCY EFP POLICY UP LTA FGLAIMS�MADE TYPE OF INSURANCE OLICYNUMBER MM D PO LIMITS CIALGENERALLIABILITY EACH OCCURRENCEA %❑OCCUR D WTI)PREMISES Eo oceu sal $ing Transportation X Y EPX112032 3/27120'16 3/27/2017 MEN EXP Anyone person) $ 5,000 ion Liability PERSONAL&ADV INJURY $ 11000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21000,000 POLICV JPE0. LOG PRODUCTS-COMPft1PAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COM®INFO SINGLE LIMB $ ',BOB,000 I accident B +Y ANY AUTO _ BODILY INJURY(Par Palmer) $ AU OS X AUTOSSCHrO LEO am1756507190 3 27 20L6 3/27/2017 BODILY INJURY Par emldenl S AUTOS AUTOS X Y / / I X X NONIOWNED PROPERTY DAMAGE HIRED AUTOS gUW3 _(Per aaeidon $ $ ❑MBRELIA LIAR X OCCUR EACH OCCURRENCE $ 5,000 000 C, X EXCESS LIAS CLAIMS-MADE SPX105197 CLAIMS-MADE $ 51 000,000 DED I I RETENTIONS X Y 3/27/2016 3/27/2017 $ WORKERS COMPENSATION 7DISFASE 0 H- AND EMPLOYERS'UABILITY YIN X ER _ . ANY PROPRIETOIWARTNEREXECUTI EPX112032 ENT $ 1,000 000 A amulaory In NHR EXCLUDED? NIA (Na et Gap - 8vrloyere 3/27/2016 3/27/201T I ry ) stop h EMPLOYE $ 1,000 D00 IF yyes doacrlbe uRdar Liobilit DESC'RI I N OF OPERATIONS below y) OLICY LIMIT $ 1 000 00 A pollution Liability RPX112032 3/27/2016 3/27/2017 s9l Limit Each Poautbn Condition ProfeOSional Liability $11AM Umft-Each Claim Limit DESCRI"IONOFOPERATIONS;LOCA-no"siVEHICLE$ (ACORD 101,Addlemlal Named.SOmduo,may W attached N more apacols required) Project: 016-614 - Vector Disposal Blanket Primary Non-Contributory Additional Insured Including Completed Operations, and Blanket waiver of Subrogation, Per Project Aggregate applies as required by written contract per policy forma; EN0111-0211, j 1110320-0211, ENO118-0211, E40109-0211, EN0301-0914, EN0405-061.1 & CA8010 01/10, Including transportation � Liability form i#BND0405 06/11 - City of Kent is included as additional insured CERTIFICATE HOLDER _ CANCELLATION _ (253) 856-6500 nyoehitakeQikentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Public Works Dept. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Bradley Roberts/DRP — `� �"—"-- ©188E 2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) IT(',M- �"'URJ,V, 'w-' VULK" T66 endorsement modifies insufu0cc PrWjkled under the following: COMMERC Mt GENERAL LIABILITY CoVFRAcF-' PART COM RACTORS POLLUTION UADILITY Cf3Vr-,,4AGF. IMAM SECTION 14t —VMO IS AN INSURED wiffiln the Common Plevl$ioila Is amended to include us an addiflonni Insured the Nporl(s) or organintlon(s) 111dionted In the Schedule shown i1bove, hilt only wMI respect to liability caused,In vohole or In psa, by"your work"far that Insured whivil Is PAktonhed by you or by thoae wrung on your behydIl" ALL OTHER TERMS AND COMITIONS OF THE POLIOY REMAIN UNCHANC.Er). r=NO1 11-0211 or I i42� r f !' ., '_. Pany 'Mr a}oj'ik-"'V, iHA.jyO IT � N�kOI TI Gt IM,H .3i YARYl",���E.e':Q�,R' pLEdi 33; `�.µ-''d..f'f�`� �. yr'�P,t�(�; Yd }-:. ��•A� '�y `�'���� ��'�"`���,f,.r� r{ �.-�t't�� 1.�F."�, � '/��,�����6�r This c ridorwarmrd rnodlfi:a ineursance povidad uax$er tha fbllowina. 1rYlurlERCIAi_GENERAL LIABILITY COVERAGE PAill' btu,.ob.cE of AxtBtlt$B.twd co )sv lira ArE g %Yh3C Img0 1'. 1 verea Requirr,ed by Writiou (3Orilmolf Rcwhrl l Idtzr! rraandr��a l kt,E�7P t'�'�?f"i Yt7stro i pe aLe 6 x, u'ep')0+ ett` ®xB lW-i1 o I Pt k ill 'w I1 J Pa E i 't------- rhull%mii t ...r. A. Section IIP — Sutra Is An inoured whin the Common ProvNiona is aamanmad to indrido as an Insarod the rsrgn(s) or rrgyaan tt®n(e) Mown In the Schedule, but only velth regpovi to limbIlRy for mbodify Ittjuvy" or "proptty etrsmago° tamed, In whob or in part, bV 'your veorle' at the lomla a dwWnated and dowIW In the *choduto of this ondorsament peffbirmpd for that additiorml Insured and inuluded in the "proriunt-compiatud oporaHom tauaad' i�'6?RtaFal�t7�3,++`;~"l'I r�r�tl� 'l etr'i 'o 0 )"hm off do rj am cmft mod it!0ti iris vroric;o picivide"d Wit I do I,#I o to I Iovn`ngq: COKNMERCI A,L GENERAL L V',B I U I Y COVE RAG E R&W COMIRACTOM POLLUTION LIABILITY COVEIMGF, PART ERROWS AND OWSIONS IJAPILITY COVERAGE PART THIRD I-4ARIY POLLUTION IA ABILI-Pt C(.)VF.RACF MART A. SECTION Ill m VM 18 AN INSURED within Ita Common Providuns 1* pmrndod to Indudo as an additional Insured ffia pomon(vi) or organk7nflon(g) indivioted In the SolieduR ihown above, but solaly with req=t to "okilms' caused In vilrob or in part, by "Yqur wore NY that pwory or cWgani.-ation parfonned by you,or by those acting on yotir babalf, Thl� Insurance shoil bo primury avid non,confribidory, b"t only In tfiG avont of a nomcid Justrind's role P. We Min My fight, of rowvow wu may have again4t the pm. n(s) or orgariftation(s) Indicated in the Schoduia 6hown above boiAuso of paymento we make for 'clumagoe arizing wA of"your woV parNawnd order a designated pr*d of tordroci wKh that parwn(o or otgarknilon(s), 0. This Endorsavirient doas riot falristake ur Inerouse & LbVs of Insuranos applimbla to any orWW to which tho covarago offbNod by this uppIloo. ALL 1`.3`7--1ERTERM AND M&A T10148 CiF JIAE POLICY RJEWAl N UNIM IANG ED. EN0118-M-11 page I of 1 Y I NrioF)IT GNRV 0 S V. q,,1 5?1W1 MYAA I V1 111"', FWGOW-,,, '(W sliV ThI9 ondorsomont moditios Immranm pfovklud candor Ilia following: COMMERCIAL GENERAL LIABILITY COVFRAGE PAW L;01ATRAC7(.',)RS PC.XLU'rf0I%J UARILITY COVERAGE PART ERNMx 8 AND ONPLISSIONS LIAMLITY COVERAGE PART T1 IIRD PARTY POLK-l-MON' UABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART ----------- W yt� -'JUL- SpEc'now VI -COMMON COWNTIONS, Item I?. To-hut3fer OF RiabW of klezovery AgalnW Ghherz To Un within tile COMITIOD Provio!MF In x9nainctud by Me addition of th4 followIrwg: Sohjly as rospods the porson(u) or indli-ated In tho Schedule �hovjn rnbova,we waive ony right of rocovevy wo roey have agalffm 'No porson(s) or organfteigon(v) hidicalted In (ho Schoduk) shown above bacause of payments we njako for adan),4995"arising 01A d your oroolng oporntlons or�foux NvorV pedlounAd nridar a vnJitan oontrom with that persons) or organization(s) and IrwNd6d in Mo `products cornpintad op-Aatlons homrw. Howovar, ft wIvor ts#n k nol apply 90 "dOffing& resuking from ffia seats noiftance of tha porson(o) or indicated In tiro, hedukl agown above, ALL OTHER TFRFOS AND CONL4 rJONS OF THE POLICY REMAIN UNCKANGM. ENOIW43211 Kato 9 of I HE P IT jLLN". Thha ondwroment madwies iMureim'," pFovided undon the followjup: 1:10PAMCIAL GENFRAL LIABILITY COVERAGE PART Under the Commoo Pruvislom, 15dwllull IV -- UAW& Or Atlr) hern 21. Is amandad by Ere addition of the foUnAng: The Geneml AggregalG Urnil ppfles *qpzratoly to occh of vow prou-n.ft iway from rgeanisyss mmed by or ranted to you. ALL OTI I EN TERMS AND CONDITIONS OF'rm POLICY RFMAIN UNCHANGED. ENG301-0914 MJ"Y' 0 Q I I A* HU Vu'-Lk"Y' 'D C This ondursernoni rnordifivu Irawanco provtdod under the follo"Aina; CONTRACTORS POLL0710N LIABILITY COVERAGE PART S(I fEIDIJJr rin,i It. In Frallutlan palk6on Condition A, Tansa _ 0 g rans,Motion PoMkirm pqrInflon Pollution Driductibla AnIount: AM (if no Oficnon in the WilWaVONS M?I aPpiY.) A. Au rospCC15 iho GnVorkau 04FOrdod by ihfs Endos�carwa, the roaximurn Ionauruts Mr which we are lkble for "GIMInn's,relating to hanspostution polluverl Is lyrd"Vated in the 8shisdulo slvawrl abovo. The Transportation PollUtion - Each Pallaklon Condition Limit and Ins TransportnUon Pollifflon Aggregate Limit stated in the SchOdU10 a41)OVG are subject In and not in addition to thn Contractor.� Polludon Liability Each Pollution condition Limit and the Genoml Aggregato Limit olated in tho Doclarations, Payinents under the Trannpnilqtlon Pollution -- Each Pollution Condition Liodt and Transportation POIJUtIon AggropMe Limit Inditated in the Schedule shmvii above M Part Of And QrOdO the COVIRFaCtOfs P011LItion HAbIlRy Each pollnifun condidon Urnit and the GOnaral Agoragato HmK,110tAI in the It n(i IlInit 19 indiwow in the sohedtIla 5homv above,thzri VaA Ilmliz of the RabliftyMatod In thO rRwIt-MEOns aprAlc ate e to this Covacape RaT VVIII ar'* It. 861-11Y &a ropaGIS the. CNIvenup afforded by tniq F.7rjrloruznwf�l, tha 'Fray synntafth Pollutkm Deductible Amount indlev4W in the Ito wdulo Marva ebbija appilstm onto to each "pelintinn oandIRIMi" mid GR" be opplied ofthor for "dolonse wnaro applj"�blp, aelfrleat nt, payrrIMA Ed or shy cowdvinatlon thavoef, 0. Scialy as ((P.61pociu the covCm-go alouM by thin Endorroarnarg, under Ric Cm 0 d OMon Prown-s, SECTION V--COWNIGIN EXCLI)MONS,. Rom 1. Airont,9, Auto Or Waterurae is dsloUW in its entirely 21M.1 I GplsicT4 by the following: C Wrcrs,ift, As Or Waiorcyaft l3zzed upon 'bodfly Injury" kkr"properly dowroo' uVIS[W tort of the ormaMMiP, OP&DRUCH, mmint6nahm rxi OF astrustffr9ri8 to Ohara of-any Hircraft, lvadou or efutercraft Ownful or Opulrabod by or rairlmd of jOnna.,1 to any insured. Use Includes Nvaidinfi and unlo4ding'. NotwWwWriding the above, ouvorago Is provided only for 'aukoe which Milo statubYV Wit) HOMO covemyu in Place with a onalm rated"P,(VII) or higher by AM, lit. This errcluEfon applies*von It the"ololm"Quinst any Insurwi uliegoo r Iigenee or other wrongdoing In the superv!ston, ith IM,ceriploymon?,fMinifig Or MCAIROYIng Of 311CH10F by that ingUl'Od, OF a;thin occunamao"which caused Mo'boiAlly Injury' of"properly,dtiruzWoo involved tim WAmorshIP, malatonarice, tmo or ontrustroent to others of any aircraft, wasdoo or watowrait t1rM is ownad or Operated by or rented or loanad to nny Irnmrod. This exotualon &)ap not apply tw a. A watercraft while m3horn on prernisw you oval or rent; h. A watorcrall you do not Oam INA Is: (1) Less than twenty-six(M) fee IoM and (2) Not being naed to carry persons or pmpeAty for a chargo; END405-0611 Page'11 0 2 c. l'karltrr19 un "Mtoo on, or on than row ay rararar pre?nhwgs you rf rrr or resat, provided tho oufo" IF not owned by or Rmted or latimed to yaaa or tho insumd; d. fl.lubila`ty o'-wurrreti undor any"imurcd cojdfj vt"f&+r ars ownership,r olotarnrarrea or Usc of aircraft or wd- ororsff, or Q. "Bodily injury"or"Isroprty dRutag'ariuing out of: (1) '1110 operation oP machinory or e uipmorrt i'rrrat Is at#acbod to, or prir't of, a jr;j tl vohiolo 8hat mold quality undar the:deflo tloo of"na mblin eqntprAgreL, if It ware "t subject to a comPuisow or finnnclal ra stsrarnsi�ln"fy lgty or oehur[rotor vehicts insurrnnt o Iaw In the Mate Whore It in Ik-,GM,4d or princilsalty praGM; tar (2) Thu opwafrarrn of any of the trnsohinmy or oquipmrant Ilpt d In parargrrr�h f.(?}rie f.(r$) of tho doffnittora cf"navl)ilo ettuipm nrY or f. "Cladmo[ arising borrn"pollution oondltfou*'eau d by, orrisirad oUt of or in any wary rol2ted to the ®peratton, nt-NIM nernco, uss or°loaditip or unloading"of"bjrrtos" by nr ow t�elroolf of tn® fda d Inaurm. i ALL OTHER TERMS AND CONDITIONS OF THE tic UCY REMAIN UNCHANGED, CN[�f05-CR511 i COMMHIOAL AUTO LWAO 11 G'MILi�ULLY BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of tile policy apply ""lees modified by the endorsement. COVERAUL jhlr'i9-j11 Y`11171 ADDITIONAL INSURED MY CONTRACT,AtIREEMENTOR PERMIT 11��'K UAMA'Wt�'--R 3 1 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENTOr ACCIDENT, CLAIM, SUITOR LOSS 18 AMENDED FELLOW EM PLOYEE EXCLUSION 5 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENI COVERAGE 13 BROAD FORM INSURED I BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS(including employee hired auto) 2 Ex'rENDED CANCELLATION CONDITION 22 EXTRA EXPENSE- BROADENED COVERAGE 1 0 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAOIF(Including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is SECTION 11- LIABILITY COVERAGE Is amended as follows: I. BROAD FORM INSURED SECTION Ii - LIABILITY COVERAGE, paragraph A.I. -WHO IS AN INSURED is amended to include the following as an Insured: d, Any legally Incorporated entity of which you own more than 50 percent of the voting stock during tire policy period, However, "insured"does not Include any organization that: (1) Is a partnership or joint venture; or (2) Is an Insured under any other automobile policy;or (3) Has exhausted its Until of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply spucifleelly in excess of this policy. Any organization you newly acquire or form,other then a partnership or joint venture,of which you own more than 50 percent of the voting stock.This automatic coverage Is;afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there Is similar Insurance or self-insured retention plan available to that organization; W2010 Liberty Mutual Insuromm Company.All fights reserved. CABO 10 01 10 Includes Copyrighted material 01 lrasurauoL Services Offlue Ina,,with its Permission. Pogo 1 of 7 (2) If the Limits of Insurance of onyother insurance po H"hovo baso oxhnuaed; or (3) To "borilly injury" or "property damage" that occurred beffora, you acquired or fainted the organization. } perry SECTION 11 - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED Is amended to Include thofollowinp as an Insured: f. Any "employes" of yours while using a covered "auto" you do not own, hire or borrow but only for outs within the scope of their amplelyniont by you. Insurance provided by this Drelome- Mont is excess over any other insurance rivallablu to any"arnployee". S� An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "ornployae'u" name, with your permission, while performing duties re- lated to the conduct of your business and wifliln the scope of their empf6yonent. Insurance provided by this endorsement is excess over any other Insurance available to the "employee". 3, 1 ADDYTIONAL WWI i[1PI)0V CONTRACY,AGriFENWNITWI PEP0" SECTION 11 - LIABILITY COVERAGE, paragraph A.I. .. WHO IS AN INSURED is Bireirided to include thefollowing tisan insured; li. Any person or organization with respect to the operation, maintortimso or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement,or permit issued to you by governmental or public authority,to add such person,or organization, or governmental or public authority to this policy as en "insured". However,such person or organiaatiori is off "Insured"; (1) Only with respect to the operation,maintenance or use file covered "auto"; (g) only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been Issued to you; and (3) Only for the duration of that contract,agreennunt or psi Init Q. SUPPLEMENTARY PAYMENTS SECTION If - LIABILITY COVERAGE, Coverage Extensions, 2.rA. SupplemorriaTy Payments, para- graphs(2)and(4)are replaced by the following: (2) Up to $3,000 for cost of ball bonds (including bonds for related traffic violations) required because of on "elooldent"we cover.We do not have to furnish these bonds, (4) All reasouidelD expenses Incurred by the Insured at our recitiust, Including actual loss of earn- Ings up to$500 a day haosuce of time off from work, 6. AIMENUED FELLOW EMPLOYEE 1EXCLUSIOW In those jurisdictions where, by low,Yellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or shallar protection, the following provision is added; SECTION 11 - LIABILITY, exclusion B.D. FELLOW EMPLOYEE does not apply if the "badlIV Injury" results from the use of a covered "auto"you ovin or hire, SECTION III-PHYSICAL DAMAGE COVERAGI!is amended as fellows; 6. HIRED AUTO PHYSIrAl.DAMAGE Paragraph AA. Coverage Extensions of SECTION III PHYSICAL DAMAGE COVERAGE, is amended by adding the following! If hired "autos" are covered "autos" for Liability Coverage, and If Corti prithensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "unto" you own,then the Physical Damage coverages provided are extended to "autos"; n. You hire, rent of borrow; or (3)2010 Liberty Mulval insurance Company.All rights rtzorved. CA 60 10 01 10 Inolurlos copyriubted material of Insurance Services office Inc.,with its ParmlWon. Page 2.ov'i u. Your "employao" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A.. The must we will pay for"loss" In any one "accident"or "loss"is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss"; or 13) The cost at repairing or roptaactng the damaged or stolen property with other property of like kind end quality,minus a deductible. t', The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible end excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you awn. 0. Subject to a maximum of$750 per "accident",we will also cover the actual loss of use of the hired "auto" If it results from an "accident", you aro legally liable and the lessor Incurs an actual financial loss. i This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver; or (2) Any "auto"that is hired,rented or borrowed from your"employee". For the purposes of this provision,SECTION V^DEFINITIONS is amended by adding the following: "Total loss" means a "loss" In which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill . PHYSICAL DAMAGE COVERAGE, paragraph A.2.Towing, is amended by the addition of the following: We will pay towing and labor costs Incurred, up to the limits shown below, each time a covered "auto" classlfled and rated as a private passenger type, "light truck" or "medium truck" Is dis- abled: a, For private passenger type vehicles,we will pay up to$50 per disablerdont. ln. For "Ilght trucks",we will pay up to$50 per disablemant. "Light trucks" are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or lows. c. For "medium trucks" ,we will pay up to$150 per disablement. "Medium trucks"are trucks that have a gross vehicle weight(GVW)of 10,001 -20,000 pounds. However,the labor must be performed at the place of disablement. 0. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.,Coverage Extension of SECTION III -PHYSICAL DAMAGE COVERAGE, Is arriand- ad to provide a limit of$50 per day anti a maximum limit of$1,500 i 02010 UbwAy Mutual Insurance Company.All rlahts reserved. C-A 60 10 01 10 Ihcludes oopyrighted manorial of In"uroriw Suryioos Moo lnu.,wah its Permission. PPkuca a 01 7 L. Fir,Rl U1111i,F,1.'I VIA B Llri r,M...p- SIECTION III-PHYSICAL DAMAGII COVEHAGL,A.COVERAGE, Is arnerided by adding the following, We will pay up to$7 5 par day for re Mel to I rn[)if rce me fit Gxpe ris as Incurred by you for the ie rental of on "auto" because of '"accident" or "loss", to an "auto" for wh1uh We also pay a "loss" under Comprehensive, Specified Causes of Loss or Collisslon Coverages. We will pay only for those expenses Incurred after the first 24 hours following the '"accident" or "logo" to the covered "auto." b. Rental Reimbursement will be based on the rontiol of a comparable vshlclo, which in nanny cases may he substantially Ioss than $756 per day, and will only be allowad for the period of time it should take to repair or replace the vehicle with lease noble speed a ad qlm liar quality,up to a maximum of 30 days. t% We will also pay up to $600 for reasonable and necessorri expenses Incurred by you to remove and replace your tools and equlpment from the covered"auto". L This coverage does not apply unless you have a bushloas necessity that other "autos" avail- able for your ease and operation cannot fill. if "loss" results front the total theft of a covered "(.into" of the private pascfjnger type, we will pay under this coverage only that amount of your rantnt rohnburserillint oxpfinswl,which Is not already provided under Paragraph 4.Coverage Extension. it. No deductible applies to this coverage, For the purposes of this endorsement provision,materials and equipmentdo not include "personal effects"as defined in provision 11. 10, EXTIIIA - COVF24,05 Under SECTION III- PHYSICAL DAMAGE COVERAGE,A.COVERAGE,we will pay for tile expense of returning a stolen covered "auto"to you,The maximum amount we will pay it,$1,000. n PERSONAL,Ebr-E `rro COVE-kAGE SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, Is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto"You own and that litautot" Is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto," The insurance provided undarthil;provision Is excess over any tabor collectible Insurance. ,i. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effocts" mean tangible fumparty that is worn or carried by an Insured." "Personal effects" does not Include tools, equipment,jewelry, money orsocuritles. 12, ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS it;amended by adding the follow- Ing: It you have purchased Comprehensive or Collision Caveratio under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental d1scharge of on airbag. Any insurance we provide shall be excess over any other collectIblo insurance or rehuhursement by manufacturer's warranty. However, we agree to pay any deductible opplicijbip to the other cov- erage or warvarty. 13. AUDIO,VISUAL AND VATA CIACTRONIC E04APPA ENT COVE-RAUE SECTION III - PHYSICAL DAMAGE COVENAGE, 0 EXCLUSIONS, exception peragrapiri 0.to OX810- slorw 4m.aodl 4.& Is deleted and replacer]with the following: (02010 Libotty Mutual Insurance Company.All d9fift raguived. CA 91; 10 01 10 Includii5 wrivrighlod rnatefli,I of IRRIAra tim Sondcos 0 film Inc.,With it"permission, Vaqet 4 us Exclusion U,and 4A do not apply to: 2,. Electronic equipment that receives or transmits audio, visual or data signals, whother or not designed solely for tilt, reproduction of sound, if the equipment Is permanently Installed In the covered "auto" at the time of the "fosr', and such equipment Is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto" and Physical damage coverages are provided for the covered "note"; or electronic equiprrront or accessories used with f the "loss" occurs solely to audio, visual or data 0 this equipment,then our obligation to pay for,repair, return or replace damaged or stolen property will be reduced by a $100 deductible. '14. LOAN LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSUIIANCE of SECTION III PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" Is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" to subject at the tune of the "loss" lose the amount of: a, Overdue payments and financial penalties associated with those payments es of the date of the "loos", le, Financial penalties Imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or loose, d. Transfer or rollover balances from previous loans or leases, a, Final payment due under a "Balloon lean", L The dollar amount of any unrepalrod damage which occurred prior to the "total logs" of a covered"auto", g, Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warivray or extended service agreement on a covered "auto", 1. Any amount representing taxes, I. Loan or louse termination fees; or 2. The actual cash value of the damago or stolen property as of the time of the An adjustment for depreciation and physical condition will be made In determining the actual cash value at the time of the,r loss".This adjustment Is not applicable in Texas. K ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the to"serves as collateral,or lease written an the covered"auto"that l"curriodthe loss. C. SECTION V-DWINTIONS is changed byaddlng the following: As used In this endorsement provision,thaefellowing definitlons apply: "Total loss" means a "lost" In which the cost of repairs plus the salvage value exceeds the actual(;call vtflurl. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. 142D10 Ubart�p Mutual trauramo company.All rights reserved. CARS 10 01 10 includbs oupyrighloal material of Insowica Soryleea(allva,Inc.,wth its Parmisslom VeAtls,�of 7 W, GLASS REPAM-WAIVER OF Paragraph D. Ducluctibia of SECTION III - PHYSICAL DAMAGE COVERAGE Is wounded by the addition of the following: No deductible applies to glass dernage if the glass Is relanived rather than replaced. M. PARKED AUTO C01,I[AMON COVPHAGE(WAIVER Or DEDUCTIBILL) Paragraph D. Deductible of SEC;`-1011 III - PHYSICAL DAMAGE COVERAGE Is amended by the addition of the following: The deductible does riot apply to "Joss" caused by collision to such covered "auto" of the privatu passenger type at light might trunk with a gross vehicle weight of 10,I]WO lbs, or less as defined by tho ninnufacturer as maximum loaded Weight the "Putoll is dashumd to carry while It is: a. In the charge of art"insured"; 6. Legally parked; and c. Unoccupied. The "loss" must be reported to the police autharIfles within 24 hours of known damage. The totoi arnount of the damage to the covered "auto" must exceed the deductible shown In the Dmi4aratlans, This provision does not apply to any "loan" If the covered "auto" Is In the charge of any person or organizatloh ongaged in the automobile bualness. SECTION IV-BUSINESS AUTO CONDITIONS is pojpnd*d as follows: 17. UNINTENTIONAL FAILURE TO D&SCLOSE HAFARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph 11.2. In umended by adding the following: If you unintentionally fail to disclose any hazards, exposures or owtorial fears existing as of the Inception data or renewal data of the Business Auto Coverage Form, the coverage offorded by this policy will not be prejudiced. However, you mum report the undisclosed hazard of exposure as soon no practicable after Its discovery,and we have the right to collect additional premium der zany such hazard or exposure. 10. AMENDED DUTICS IN THE EVENT OF ACCIDENT,CLAIRM,SUIT,OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. in replaced In Its entirety by the following: In the event of "accident', claim, "suit" or "loss", you must promptly notify us when It Is known to: 1. You,If you era an individual, 2. A partner,if you are a parinership; 3. Member,if you are a limited liability company; 4, An executive officer or the "employee" designated by the Nanmd Insured to give such notice, if you are a corporation. To the extent possible,notice to Lin should Include: (1) Now,when and where the "accident"or "loss"took place; (21 The "Insureds" name and address;and (3) The narnes and addresses of any Injured persons end witnesses. 'PD. WAIVER OF TRANSFER OF RIGHTS OF RECOWHY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.6.. Transfer of Hights of Recovery Against Others to Us,is amended by the addition of the following: If the person or orgarilmlon has waived those rights before. an "accident" or "loss", our rights are waived also, 07010 Liberty MLAUAI IMMIJI(NO GUMPMV.All rIghis rove"ad. CA 80 10 W 10 Induda&mpyrolimd roaterial W Imurimm cervices Offlaa Inc.,with its Permission. P nt tj a P j f 7 SECTION IV- BUSINESS AUTO CONDITIONS, paragraph 117.,Policy Period,Coverage .forritury,is amended by the addition of the following: T. For "autos" hired 30 days or less,the coveragia territory is anywhere it)the world,provided that the insirred's responsibility to pay for damages Is deterrained in a "suit", on tine merlts, In the United States, the territorlon and possessions of the United States of America, Puerto Ric® or Canada or in a sottlement we agree to. This extension of coverage dries not apply to an "auto" hied, letasad, ranted or borrowed with a driver. SECTION V-t3EVINr IONS is,lu aerr3lovl es follows: 21. BODILY IftiJURV I DErllei-D Under SECTION V-DEFINITIONS,definition 0. Is replo, cd by the following: "Bodily injury" means physical injury, sickness or disease suetained by a person, Including oriental anguish,mental Injury,shuck,fright or death resulting from any of those at any time, Cf➢T116FdMON POLICY CONDITIONS 22, ED(TENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: of we cancel for any ronnan other than nonpayment of promlurn, we will mail to the first Named Insured written notice of cancellation at Least 60 days before the effective date of cancellation.This provlslon does not apply in those states which require more than 60 days prior notice of cancella- tion. 020101.lberty Wine]Insurance Company.All rights reserved. '.. CA gg 10 01 1® Includes copyrighted materiel of Insurance Services clasp Ina.,with it,Permission. t`'aarg'6a 7 of 7 L III I A member or the Crum & forstar Enterprise CRUM & rORSTER SPECIALTY INSURANCIE COMPANY 305 Madison Avenue, Morristown NJ 07962 ENVIRONMENTAL EXCESS LIABILITY POLICY DECLARATIONS POLICY NUMBER- RENEWALOF: DATE ISSUED: - EFX 105197 New 4/8/2016 Itern 1. NAMED INSURED 8,ADDRESS: —� PRODUCER NAME 8z ADDRESS: Rlvars Edge£nvironmantal services lnt Amwins BrokerapeOfArizona,tic 19210266th Ave6ue s£ 2111 EHighland Ave,Ste 6 155 Maple Valley,WA 98038 Phoen&,AZ 86016 FORM OF BUSINESS: Corporation PRODUCER CODE: 86525 tam 2. POLICY PERIOD: 03/27/2016 to 03/27/2017 12:01 a.m.Standard life at the Namad inchad's addross s'ay.4:bd above. Item 3. LIMITS OF INSURANCE: Each Occurrence Limit: $5,000,000.00 PolicyA jgateLimite $5,000,000.00 Item 4, SELF-INSURED RETENTION: Each occurrence.: N/A uem S. SCtiEDULE`0-UNDERL — YING See Form EN0152-Schedule Of Underlying Insurance Item6, Premium - --- PolicyPremlum: - - -- TRIPRA Premlum: Excluded Total Policy Premium: Minimum Earned Premium, Minimum Policy Premiurm _ item 7. FORMS AND ENDORSEMENTS ATTACKED TO THIS POLICY: - See rvrm EN0002—Schedule Of Forms And Endorsements THESE DECLARATIONS,TOGETHER WITH FORMS,SCHEDULES AND ENDORSEMENTS,IF ANY,ARE ISSUED AS PART OF,AND IN COMPLETION OF THE ABOVE NUMBERED POLICY. Washington Premium: Countersigned By: Fees:, Surplus Lines Tax:_ _ Stamping Fee: Auti,oriaed Representative This contract is registerod and dollverdd as a surplus Tina coverage un8er the insurance node of the State of Washington,Title 48 ROW. It is flat pratocted by any Waslrinoton stain guaranty association law. EN0012-0714 Surplus Lines Broker Name:_^AmI NS_rick runs of Anxmna LI g._�_ j I i THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IY CAREFULLY. SCHEDULE OF CONTROLLING UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: ENVIRONMENTAL EXCESS LIABILITY POLICY Coverage: _ Commercial General Liability,Contractors Pollution Liability,Errors it Orrdssions Liability Insurance Carrier: Crum A Forster Specialty Insurencia Company F°olicy Nurnber: EPIC 712W2 Policy Urnitsl Per C uurrence Limit s9,orj®000 _ Aggregate Limit $2,000, Policy period: d3Js�'7!�tTh6-rL3J 'TfkU`t7 Coverage: Automobile Liability s Insurance Carrier: g Oldo Security Insurance Company Policy Number: _-- DNA s(17)5g 58 71 90 Combined Single Limit Policy Limits: . —P #'®li jy period: 0312712010-0312717C47 Per Item 5.of the Declarations,the policy or policies,shown in the above Schedule of this endorsement are the "controlling underlying insurance"for this Environmental Excess Liability Policy. This endorsement shall not serve to change or increase our Limits of Insurance as shown In the Declarations and as described in Section IV. LIMIT DF LIAEILITY. All other terms,conditions and exclusions under the policy remain unchanged. FN0152-0714 Page 1 of 1 REQUEST FOR MAYOR'S SIGNATURE OT Routing Information: g✓" (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTM ) �,,. rrf d AppS.ved.Byj/Dir9cto,: Originator: Greg Reed Phone (Originator): 5630- - ` Date Sent: Date Required: j54, r Return,Signed Document to: Contract Termination Date; Nancy Yoshtake 60 working days VENDOR NAME Date Finance Notified: ���� Rivers Edge Environmental Services, Inc. (only required on contracts g16 420,000 and over or on any Grant) ATE OF COUNCIL APPROVAL: Date Risk:Manager'.'Notified:N/A 10/4/15 (Required on Non City Standard Contracts/Agreements Has this Document been Specifically Account Number: 44005590.64110.7420 Authorized in the Budget? OYES NO Brief Explanation of Document: The attached agreement is for Rivers Edge Environmental Services to load and haul approximately 3,000 tons of vactor solid waste material to an approved landfill. �F I n cDs Must Be Routed Through The Law Department i.•.t & = t� {This area Lo be completed by the Lan Department Received: t Approval of Law Dept.: } � m ` LaW m :0 Da d o Shaded Areas To Be Completed By Administration Staff Received'. Recommendations and Comments; 11 Dis ostion:I ` VV Date Returned. +gllF n.Wocewy sputa o yors.agtaN 9docv T Agenda Item: Bids - 9A Wnspiur.rou I TO: City Council DATE: October 4, 2016 SUBJECT: Vactor Solid Waste Disposal 2016 - Award MOTION: Award the 2016 Vactor Solid Waste Disposal Project to Rivers Edge Environmental Services in the amount of $217,056.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Through normal business operations of catch basin pumping and drainage ditch cleaning, a considerable volume of soil (material) is generated annually by the drainage utility. This material is temporarily stock-piled and processed at the utilities vactor decant facility located along 64th Avenue South, The level of contaminants (hydrocarbons and metals) within the material is tested prior to disposal to determine an appropriate disposal location. On June 20, 2016, staff informed the Public Works Committee there were approximately 1,200 cubic yards of material that contained high levels of contaminants, requiring disposal. Since that presentation, the second stock-pile of material on hand (900 cubic yards) was tested. Tests results for contaminants were again high, requiring a disposal site certified and permitted to accept the material from both stockpiles. A contract to load, haul and dispose of both stock-piles of contaminated material at a certified/permitted site was publically advertised. One bid was received from Rivers Edge Environmental Services in the amount of $217,056.00. Staff is recommending award of this contract at the October 4, 2016 Council Meeting. EXHIBITS: Memo dated September 14, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A