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HomeMy WebLinkAboutPW16-398 - Amendment - #1 - Rivers Edge Environmental Services, Inc. - Vactor Solid Waste Disposal - 03/10/2017 i f, r/rr 40 Records Mr r�r' r,r /✓//!ter / /p/ j/ /r6 ri lG R � r/�ir� Documen WA$H IM0"r 0 Ni 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: 1?\ ( — cl — — This is assigned by City Clerk's Office Project Name: Vactor Solid 'Waste Disposal Description: ❑ Interlocal Agreement CJ Change Order E Amendment El Contract ® Other:. Contract Effective Date: Date of the Mayor's signature Termination Date: 60 working clays Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Greg Reed Department: PW Operations Contract Amount: 537,257,66 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.):. Haul additional vactor solid waste material and add sales tax which was not included in the original agreement. As of: 08/27/14 • KENT W A S H I N O T O N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Rivers Edge Environmental Services, Inc. CONTRACT NAME & PROJECT NUMBER: Vactor Solid Waste Disposal ORIGINAL AGREEMENT DATE: November 15, 2016 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide additional hauling of vactor solid waste material and add sales tax which was not included in the original agreement. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $217,056.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $217,056.00 including all previous amendments Amendment Sum $20,620.32 Applicable WSST for original contract sum Current Amendment Sum $15,193.92 Additional Hauling Applicable WSST Tax on this $1,443.42 Amendment Revised Contract Sum j $254,313.66 AMENDMENT - 1 OF 2 Original Time for Completion 60 working days (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'l Days Required for this 0 calendar days Amendment Revised Time for Completion 60 working days (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTA,N-T ENDOR: CITY OF KENT: By: By: 1u,re, (signature) Print me., P Nr t a uzette Cooke Its I Mavor (title) (title) DATE '7 DATE: C' APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Rivers Edge Vactor Disposal 2016IReed AMENDMENT - 2 OF 2 Rivers Edge Environmental Services has completed hauling and disposing the contaminated soil from the Vactor site. The original contract tonnage was estimated to be 2,800 tons. Upon complete removal of the contaminated material, the final tonnage came to 2,996 tons, an overage of 7%. The amendment total of $37,257.66 includes $15,193.92 for contaminated material disposal and $22,063.74 for contract sales tax. With removal of the contaminated material, the Vactor site is now ready to receive material generated from projects/work identified in the Drainage Section 2017 Work Plan. AC<QR& CERTIFICATE OF LIABILITY FDATE(MMIDDIYYYY) (%. , INSURANCE 11/4/2016 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 fNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONNAVE C Danielle Pethic_k__ HENTSCRELL & ASSOC INC PHONE (253)272-1151 FAX (293)272-1225 1436 S. Union Ave. EMAIL ,daniellepohentachell.com INSURER(81 AFFORDING COVERAGE NAIL# Tacoma WA 98405-1925 INSURERA:Crum Forster Specialty Ins. INSURED INSURERB OhiO Security Insurance Co. Rivers Edge Environmental Services Inc tNSURERC:Crum & Forster Specialty Ins. 19210 268th Avenue SS INSURERD. INSURER E: Maple Valley WA 9803E I s RER COVERAGES CERTIFICATE NUMBER: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. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF OUCY EXP LIWrrS $ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 11000,000 A CLAIMS-MADE $❑OCCUR PREMISESa $ 50,000 XI Including Transportation I x Y MMIX2032 3/27/2016 3/27/2017 k, !)EXP one person $ 51000 Pollution Liability PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 PRO- POLICY[K]ECT E I LOC PRODUCTS-COMPADPAGG $ 2,000,000 OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 11000,000 (Ea 0;tal B Ix ANY AUTO BODILY INJURY(Per person) S ALL !� 7� SCHEDULED O X y BM1756597190 3/27/2026 3/27/2017 BODILY INJURY(Per accident) $ r awAgni) HIRED AUTOS x AUTOS r-ROPERTY DAMAGE S $ UMBRELLA LIAB x OCCUR EACH OCCURRENCE S S.D00,000 C x EXCESS LIAR CLAIMS-MADE EY%10SI97 AGGREGATE $ 5 000 000 DED I I RETENTION x Y 3/27/2016 3/27/2017 S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y!N SPF&TLITE I 8 - ANY PROPRIETORMARTNERIEXECUTIV6 EPK112032 E.L.EACH ACCIDENT $ 1,000,00() A OFRCERWEMBER EXCLUDED? NIA (Mandatory in NH) (eta Stop (sap - BmPloyera 3/27/2016 3/27/2017 E.L.DISEASE-EA EMPLOM S 1,000,000 if yyeeaa describe under DEdescribeRI N OF P IONS below Liability) E.L.DISEASE-POLICY LIMB I S 1,000.000 A Pollution Liability SPE112032 3/27/2016 3/27/2017 SIMM UmIl Each Pokdan Condition Professional Liability 61 MM Limit-Each CWm Limit DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If moo apace M roqulred) Project: #16-614 - Vactor 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 forms; EN0111-0211, EN0320-0211, EN0118-0211, EN0109-0211, EN0301-0914, EN0405-0611 & CASS10 01/10, Including transportation liability form #END0405 06/11 - City of Rent is included as additional insured CERTIFICATE HOLDER CANCELLATION (253)856-6500 nyol3hitake@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Public Works bept. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Goble ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Bradley Roberts/DRP --� 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AD®MONAL WSURE® - O NERS9 LESSEES O CONTRAC R This endorsement modes insurance provided under the foNowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person{sy ar Organization($}^ Where Required By Written Contract f SECTION III—WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated In the Schedule shown above, but only with respect to liability caused,In whole or In part, by"your work"for that Insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EW 11-o2'11 Page 1 of 1 c w tbwvster rga past of the PhIfWAY grasp THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAI FULLY, ADDIT AL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERAMONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s)or Location And Description Of Completed _ _ _Organizationis): O eration$ �Nhere Required l;y Written Contract Where Required by Written Contract Information re aired to oompleba this Schedule.if not shown above will be shown in the Decbratlons, A. Section III - Who Is An Insured within the Common Provisions is amended to include as an Insured the person(s) or organbmtlon(s) shown In the Schedule, but only with respect to liablity for "bodily Injury" or °property damage" caused, In whale or in part, by +our woW at the location designated and described In the -%4wdule of this endorsement performed for that additional Insured and included In the 'products-completed operatEons hazard" EN0320.0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED NTH WAIVER OF SUBROGATION This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional insured Persons or Organization(s) ire Required by Written Contract i f A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional Insured the person(s) or orgaribmtlon(s) indicated In the Schedule shown above, but solely with respect to "claims"caused in whole or in part, by'your work"for that person or organization performed by you,or by those ac#6rg on your behalf. This insurance shal be primary and non-contributory, but only in the event of a named Insured's sole neglipera e. B, We waive any eight of recovery we may have against the person(s) or organiration(s) indicated in the Schedule shown above because of payments we make[or"damages"arising out of"your worm'performed under a designated project or contract with that person(s)or organlmtion(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any"claim"to which the coverage aftrded by this Endorsement 7applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EW 18-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHT'S OF RECOVERY AGAINST OTHERS TO US This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PAIN ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Name of Persons or Or anization s Where Required by Written Contract Irti'ormation required to complete this Schedule N not shown above will be shown in the Declarations. SECTION VI —COMMON CONDITIONS, Item 17. Transfer Of Rights of Recovery Against Others To Us Within the Common Provisions Is amended by the addition of the following: Solely as respects the person(s) or organbeation(s) indicated In the Schedule shown above,we waive any right of recovery we may have against the person(s) or organizations) indicated in the Schedule shown above because of payments we make for"damages"arising out of your ongoing operations or"your wrorir?' performed under a written contract with that persons) or organizatlon(s) and Included in ttw "products- completed operations hazard". However. this waiver shag not apply to "damages" resulting from the sole negligence of the person(s)or organization(s)Indicated In the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN01 09-0211 Page 1 of 1 THIS ENDORSEMENT CHIANGES THE POLICY. PLEASE REND IT CAREFULLY. AGGREGATE d.WITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Under the Common Provisions, Section IV — LIMITS OF INSURANCE ARID DEDUCTIBLE, Item 2. Is amended by the addlOon of the following: The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0301-0914 Page 1 of 1 THIS ENDORSEMENT CRINGES THE POLICY. PLEASE READ!T CAP.EFULLY. TRANSPORTATION POLLUTION LIABILITY BLANKET ENDORSEMENT This endorsement modifies insurance provided under the foilowing: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Transportation Pollution —Each Pollution Condition Limit: $1,0M,000 Transportation Pollution Aggregate Limit: $2 00D 000 Transp2rtation Pollution Deductible Arnount: $5,OW (if no entry appears above, the Umlts of Insurance shown In the Declarations will apply.) A. As respects the coverage afforded by this Endorsement,the maximum amounts for which we are liable for "claims"relating to transportation poilution is Indicated in the Schedule shown above. The Transportation Pollution — Each Pollution Condition Limit and the Transportation Pollution Aggregate Limit stated in the Schedule above are subject to and not in addition to the Contractors Pollution Liability Each Pollution condition Limit and the General Aggregate Limit stated in the Declarations. Payments under the Transportation Pollution — Each Pollution Conditlon Limit and Transportation Pollution Aggregate Limit indicated in the Schedule shown above are part of and erode the Contractors Pollution Liability Each Pollution Condition Limit and the General Aggregate Limit stated In the Declarations. If no limit Is lndtcatod in the Schedule shown above,then the limits of the frability stated in the Declarations applicable to this Coverage Part will apply. B. Solely as respects the coverage afforded by this Endorsement, the Transportation Pollution Deductible Amount Indicated in the Schedule shown above applies once to each "pollution condition" and can be applied either for "defense expensee, whom applicable, settlement, payment of judgment(s) or any combination thereof. C. Solely as respects the coverage afforded by this Endorsement, under the Common Provisions, SECTION V—COMMON EXCLUSIONS, item 1. Aircraft, Auto Or Watercraft Is deleted In its entirety and replaced by the following: 9. Aircraft,Auto Or Watercraft Based upon bodily Injur f'or `property damage"arising out of the ownership, operation, maintenance, use or entrustment to others of any almm t, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use Includes Woading and unloading". Notwithstanding the above, coverage Is provided only for "autos' which have statutory auto liability coverage In place with a carrier rated"A(Mt)or higher by A.I .Best. This o)Musion applies even if the"claim"against any Insured alleges M911gence or other wrongdoing In the supervision, hiring,employment,training or monitoring of another by that Insured, or N the "occurrence"which causer!the"bodily injury"or"property damage" involved the ownership, maintenance,use or entruidment to others of any aircraft, "auto*or watercraft that is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to: a. A watercraft while ashore on premises you owns or rent; b.A watercraft you do not own that is: (1) Less than twrenty-six(26)feet long; and (2) Not being used to carry persons or property for a charge; EN0405-0611 Page 1 of 2 C. Parldng an "auto°on, or on the roadway near premises you own or rent,provided the "auto"Is not owned by or rented or loaned to you or the insured; d. Liability assumed under any"Insured contract"for the ownership,maintenance or use of aircraft or watercraft;or e. "Bodily injury"or"property damage°arising out of: (t)The operation of machinery or equipment that Is attached to, or part of,a land vehicle that would qualify under the definition of"mobile equipment' if it were nod subject to a compulsory or financial responsibility taw or other motor vehicle insurance law In the state where it is!!tensed or principally garaged;or (2) The operation of any of the machinery or equipment listed In Paragraph C(2)or L(3)of the definition of"mobile equipment' or f. "ClalMs°arising from"pollution COWItIons"caused by,arising out of or In any way related to the operation, maintenance, use or"loading or unloading"of°autos° by or on behalf of the Named Insured. ALL OTHER TERMS AND CONDMONS OF THE POLICY REMAIN UNCHANGED. EN0405-0611 Page 2 or 2 i 1 COMMERCIAL AUTO CA6610011a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT r This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROdISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL,AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS(including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) g HIRED AUTO COVERAGE TERRITORY 80 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 g SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION 11-UABIL17Y COVERAGE is amended as follows: 1- BROAD FORM INSURED SECTION If-LIABILITY COVERAGE, paragraph A.1- -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 the 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 Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form,other than 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 a self-insured retention plan available to that organization; 02010 Liberty Mutual Insurance Company.All rights reserved. CA 6810 01 10 Includes copyrighted material of Insurance Services Offiae Inc..with its Permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted;or (3) To "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.I.- WHO IS AN INSURED Is amended to Include the following as an Insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other Insurance available to any"employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement Is excess over any other insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION 11 - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance 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 an "insured". However,such person or organization is an "insured": (1) Only with respect to the operation,maintenance or use of a covered "auto"; (2) 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,agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION li - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payrnenis, para- graphs(2)and(4)are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident"we cover.We do not have to furnish these bonds. (4) All reasonable expenses incurred by the Insured at our request, Including actual toss of earn- Inge up to$500 a day because of time off from worts. S. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where,by law,fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion 8.5. FELLOW EMPLOYEE does not apply if the "bodily Injury" results from the use of a covered "auto"you own or hire. SECTION III-PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL 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 Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto"you own,then the Physical Damage coverages provided are extended to "autos": a. You hire,rent or borrow; or E f 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrigtged material of Insurance Services Office Ina,with its Permission. Page 2 of 7 b. Your "employee" 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: r A. The most 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 (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality,minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own. D. 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 are legally liable and the lessor Incurs an actual financial loss. E. 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 111-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" classified 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 disablement, b. For "light trucks",we will pay up to$50 per disablement. "Light trucks"are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less. 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. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.,Coverage Extension of SECTION III-PHYSICAL DAMAGE COVERAGE,Is amend- ed to provide a limit of$50 per day and a maximum limit of$1,500 02010 Liberty Mutual Insurance Company.All rights reserved CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Ina,with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION 111-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,is amended by adding the following: a. We will pay up to$75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which In many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality,up to a maximum of 30 days. c. We will also pay up to$600 for reasonable and necessary expenses Incurred by you to remove and replace your tools and equipment from the covered"auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use a nd operation cannot fill. e. If"loss" results from the total theft of a covered "auto" of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision,materiels and equipment do not Include "personal effects"as defined In provision 11. 10. EXi"RA EXPENSE-BROADENED COVERAGE Under SECTION III- PHYSICAL DAMAGE COVERAGE,A.COVERAGE,we will pay for the expense of returning a stolen covered"auto"to you.The maximum amount we will pay Is$1,000. 11. PERSONAL EFFECTS COVERAGE A. 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 "suto" Is stolen, we will pay, without application of a deductible, up to $600 for "personal effects"stolen with the"auto." The Insurance provided under this provision is excess over any other collectible Insurance. B. SECTION V-DEFINITIONS Is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not Include tools,equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III- PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: if you have purchased Comprehensive or Collision Coverage under this policy,the exclusion for "loss"relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION IiI - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS,exception paragraph a.to exclu- sions 4.,c.and 4.d. is deleted and replaced with the following: 02010 Uberty Mutual tnaurance Company.All rights reserved. CA 8810 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 F Exclusion 4.c.and 4.d.do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment Is permanently installed In the covered "auto" at the time of the "loss"and such equipment is designed to be solely operated 1 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 "auto";or If the "loss" occurs solely to audio, visual or date electronic equipment or accessories used with 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 INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE Is emended 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" is subject at the time of the"loss"less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "foss", b. Financial penalties imposed under a lease due to high mileager 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 lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered"auto", g. Security deposits not refunded by a lessor, It. 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 warrenty or extended service agreement on a covered"auto", 1. Any amount representing takes, J. Loan or lease termination fees;or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made In determining the actual cash value at the time of the"loss".This adjustment Is not applicable In Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that Incurred the loss serves as collateral,or lease written on the covered"auto"that Incurred the loss. C. SECTION V-DEFINTIONS Is changed by adding the following: As used in this endorsement provision,the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 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. 02010 Liberty Mutual Insurance Company.All rights reserved. CABS 10 0110 Includes copyrighted material of Insurance Services Office Inc.,with its Permission_ Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 1B. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto"is designed to carry while it is: a, in the charge of an "Insured"; b. Legally parked;and c_ Unoccupied. The"loss" must be reported to the pollee authorltles within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is In the charge of any person or organization engaged in the automobile business. SECTION IV-BUSINESS AUTO CONDITIONS Is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS,Paragraph 0.2.is amended by adding the following. if you unintentionally fail to disclose any hazards, exposures or material facts existing as of the Inception date or renewal date of the Business Auto Coverage Form,the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery,and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT,OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. in the event of "accident", claim, "suit" or "loss", you must promptly notify us when It is known to: 1. You,if you are an Individual; 2. A partner,if you are a partnership; 3. Member,if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice,if you are a corporation. To the extent possible,notice to us should Include: (1) How,when and where the "accident"or"loss"took place; (2) The "insureds"name and address;and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.S., Transfer of Rights of Recovery Against Others to Us,is amended by the addition of the following: If the person or organization has waived those rights before an"accident" or "loss",our rights are waived also. 02010 Liberty Mutual insurance Company.All rights reserved. CABS 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with Its Permission. Page 8 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS,paragraph 8.7.,Policy Period,Coverage Territory,is amended by the addition of the following: L For"autos" hired 30 days or less,the coverage territory is anywhere in the world,provided that i the insured's responsibility to pay for damages Is determined in a "suit",on the merits, In the United States, the territories and possessions of the United States of America,Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V-DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS,definition C.is replaced by the following: "Bodfly injury" means physical injury, sickness or disease sustained by a person, Including mental anguish,mental Injury,shock,fright or death resulting from any of these at any time, COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation, This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permissfon. Page 7 of 7 I i A member of the Crum & Forster Enterprise CRUM & FORSTER SPECIALTY INSURANCE COMPANY 305 Madison Avenue,Morristown NJ 07962 ENVIRONMENTAL EXCESS LIABILITY POLICY DECLARATIONS POLICY NUMBER: RENEWAL OF: DATE ISSUED: EFX-105197 New 4/8/2016 Item 1, NAMED INSURED&ADDRESS: PRODUCER NAME&ADDRESS: Rivers Edge Environmental Services Inc Amwins BrokerageOfAri2ona,tiC 29210 258th Avenue SE 2111 E Highland Ave,Ste B 155 Maple Valley,WA 98038 Phoentr,AZ 85016 FORM OF BUSINESS: Corporation PROAUCI=R CODE: 86525 Item 2. POLICY PERIOD: 03/27/2016 to 03/27/2017 12:01 a.m.Standard 71me at the Named insured's address stated above. Item 3. LIMITS OF INSURANCE: Each Occurrence Limit: $5,000,000.00 Policy Aggregate Limk: $5,000,000.00 Item 4. SELF-INSURED RETENTION: Each Occurrence: N/A item 5. SCHEDULED UNDERLYING INSURANCE: See Form EN0152—Schedule Of Underlying Insurance Item 6. Premium Policy Premium: TRIPRA Premium: Excluded Total Policy Premium: Minimum Earned Premlum: minimum Policy Premium: Item 7. FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY: See Form EA10002—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: Fees:' Countersigned By: Surplus Lines Tax: Stamping Fee. Authorized Representative This contract Is registered and delivered as a surplus tine coverage undor the insurance code or the State of Washington,Title 48 RCW. It is not protected by any Washington state guaranty association law. ENW12-0714 Surplus Linea Broker Name: AmWINS Brokerage of Arizona.l_l.0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF CONTROLLING UNDERLYING INSURANCE This endorsement modifies Insurance provided under the following: ENVIRONMENTAL EXCESS LIABILITY POLICY SCHEDULE Coverage: Commercial General Liability,Contractor's Pollution Liability,Errors &Omissions Liability Insurance Carrier: Crum&Forster Specialty Insurance Company Policy Number: EPK-112082 Per Occurrence limit $1,000,000 Policy Limits: Aggregate Limit 1$2,000,000 Policy Period.. 03127/2016-03W/2017 Coverage: Automobile Liability Insurance Carrier: Ohio Security Insurance Company Policy Plumber: BAS(17)66 58 7190 [policy olley LirrEits: Combined Single Limit $1,000,000 Period: 03/2712019-MV12017 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 OF LIABILITY. All other terms,conditions and exclusions under the policy remain unchanged. E N0152-0714 Page 1 of 1 REQUEST FOR MAyU�{,� ; G TV�� ong newe Grp90.eEtl1101Anone org �aWr) 5630 P9°i sEhii:S(9fN pats 0..sAu ree g�y�/N perym s�ynee ummt ro Manc/ rasM1 tak@ ntrz�ei nanon P.k, fio:.wmkin9 tlaYs a:ea nan �a a �a eaae€ ome�� s��as ao :�5 0°�"ffi 2/�4/17 reeM)n- µ �� -04m05590:69110J420 I{azFe Np 1 j i {tl�e ny a15 q rezro nau ak � �a tars nd � �t �ma i re F � tind� anme ars d�� pgigemene e, ce �avn�mt sN 'CMe� aY%