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CAG2019-390 - Original - Topsoil, Inc. dba United Recycling Company - Meridian Glen Park Engineered Wood Fiber Play Chips - 08/16/2019
Agreement Routing Form KEN TT For Approvals,Signatures and Records Management WASS H I NGTO N PSI This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. `/pV//{ (Print on pink or cherry colored paper) Originator: Jan Applegate Department: parks Date Sent. 08/14/2019 Date Required: as soon as possible a Authorized ❑ Director or Designee Date of o n/a a. to Sign: Council C Mayor Approval: Budget 15106404.64190.5395 Grant? Yes No Account Number: Subledger 861 Type: N/A Vendor or Name: United Recycling & Organics Cate 9 Y. Contract c Vendor 1892470 Sub-Category o Number: w Project E Name: Meridian Glen Park Engineered Wood Fiber Play Chips 0 c Project 340 cubic yards Sof'Fall playchips for renovation at Meridian Glen Park *. Details: c d Agreement Basis for a $22,814.00 Quotes Amount: Selection of a+ Contractor: a Start Date: as soon as possible Termination Date: 09/30/2019 Notice required prior to Yes No Contract Number: C,4&-,xo/t? - disclosure? Date Received by City Attorney: Comments: c 4EV o d ED Date Routed to the Mayor's Office: in AU 019 y Date Routed to the City Clerk's Office: City Of Kent •� ar Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 �-� KEN T WAsII ,oI GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and Topsoils Inc. dba United Recycling Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Topsoils Inc. dba United Recycling Company organized under the laws of the State of Washington, located and doing business at 18827 Yew Way, Snohomish WA 98296-8144 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Delivery and blown-in installation of 340 cubic yards of Sof'Fall engineered wood fiber play chips-ADA approved-designed for playgrounds at Meridian Glen Park, located at 1371h Avenue SE and SE 2751h Place, Kent WA 98031. Contract work includes material, installation and clean up with a backpack blower as described in attached Quote #1001 dated Friday, July 19, 2019, attached and marked as Exhibit A. 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 by September 30, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed TWENTY TWO THOUSAND EIGHT HUNDRED FOURTEEN DOLLARS AND NO CENTS ($22,814.00), 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: Vendor shall submit invoice to AccountsPayable@KentWA.gov upon completion of contracted services as described in I. Description of Work. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 (Over$20,000,00, including WSST) 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. PREVAILING WAGES. Vendor shall file a 'Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. V. 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. VI. 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 (Over$20,000.00, including WSST) VII. CHANGES. The City may issue a written change order 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 a change order is necessary, Vendor must submit a written change order 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 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 change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order 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 a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order 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. VIII. CLAIMS. If the Vendor disagrees with anything required by a change order, 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. 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 GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 (Over$20,000.00, including WSST) 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. 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). IX. 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. X. 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. XI. 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. 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. XII. 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 (Over$20,000.00, including WSST) 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 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 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. XIII. 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. XIV. 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. XV. 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 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 XII 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5 (Over$20,000.00, including WSST) 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. 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. 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 Reguired. 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: z By: By: (signature). (signature) Print Name: 43C44A/ BbD`7 Print Name: Dana Ralph Its 6;—IoZ Its Mayor (title) DATE: �T9 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Josh Roden, Commercial Sales Ben Levenhagen, Support Services Field Supervisor Topsoils, Inc dba United Recycling Company City of Kent 18827 Yew Way 220 Fourth Avenue South Snohomish WA 98926-8144 Kent WA 98032 GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 (Over$20,000.00, including WSST) i (253) 508-9548 (cell) or (425) 471-8049 or (360) 668-4300 (telephone) (253) 856-5133 (telephone) 360) 668-9252 (facsimile) 856-6120 facsimile ; ASPF�,OVED TO FORM: e t L w Department ATT Kent City Clerk GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7 (Over$20,000.00, 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 signing below, I agree to fulfill the five requirements referenced above. By: For: A rye'LC1Wk— Cd, — Title: Zs`M Date: rl 1// � EEO COMPLIANCE DOCUMENTS - 1 of 3 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. 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 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 8/9/2019 aboutblank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 8/9/2019 County Trade Job Classification Wage Holiday Overtime Note "Risk Class King Laborers Air, Gas Or Electric Vibrating Screed $48.90 7A 31 View King Laborers Airtrac Drill Operator $50.42 7A 31 View King Laborers Ballast Regular Machine $48.90 7A 31 View King Laborers Batch Weighman $41.45 7A 31 View King Laborers Brick Pavers $48.90 7A 31 View King Laborers Brush Cutter $48.90 7A 31 View King Laborers Brush Hog Feeder $48.90 7A 31 View King Laborers Burner $48.90 7A 31 View King Laborers Caisson Worker $50.42 7A 31 View King Laborers Carpenter Tender $48.90 7A 31 View King Laborers Caulker $48.90 7A 31 View King Laborers Cement Dumper-paving $49.81 7A 31 View King Laborers Cement Finisher Tender $48.90 7A 31 View King Laborers Change House Or Dry Shack $48.90 7A 31 View King Laborers Chipping Gun (under 30 Lbs.) $48.90 7A 31 View King Laborers Chipping Gun(30 Lbs. And Over) $49.81 7A 31 View King Laborers Choker Setter $48.90 7A 31 View King Laborers Chuck Tender $48.90 7A 31 View King Laborers Clary Power Spreader $49.81 7A 31 View King Laborers Clean-up Laborer $48.90 7A 31 View King Laborers Concrete Dumper/chute Operator $49.81 7A 31 View King Laborers Concrete Form Stripper $48.90 7A 31 View King Laborers Concrete Placement Crew $49.81 7A 31 View King Laborers Concrete Saw Operator/core Driller $49.81 7A 31 View King Laborers Crusher Feeder $41.45 7A 31 View King Laborers Curing Laborer $48.90 7A 31 View King Laborers Demolition: Wrecking Et Moving (incl. $48.90 7A 31 View Charred Material) King Laborers Ditch Digger $48.90 7A 31 View King Laborers Diver $50.42 7A 31 View King Laborers Drill Operator (hydrau tic,diamond) $49.81 7A 31 View King Laborers Dry Stack Walls $48.90 7A 31 View King Laborers Dump Person $48.90 7A 31 View King Laborers Epoxy Technician $48.90 7A 31 View King Laborers Erosion Control Worker $48.90 7A 31 View King Laborers Faller Et Bucker Chain Saw $49.81 7A 31 View King Laborers Fine Graders $48.90 7A 31 View about:blank 1/3 8/9/2019 about:blank King Laborers Firewatch $41.45 7A 31 View King Laborers Form Setter $48.90 7A 31 View King Laborers Gabian Basket Builders $48.90 7A 31 View King Laborers General Laborer $48.90 7A 31 View King Laborers Grade Checker Et Transit Person $50.42 7A 31 View King Laborers Grinders $48.90 7A 31 View King Laborers Grout Machine Tender $48.90 7A 31 View King Laborers Groutmen (pressure)including Post $49.81 7A 31 View Tension Beams King Laborers Guardrail Erector $48.90 7A 31 View King Laborers Hazardous Waste Worker (level A) $50.42 7A 31 View King Laborers Hazardous Waste Worker (level B) $49.81 7A 31 View King Laborers Hazardous Waste Worker (level C) $48.90 7A 31 View King Laborers High Scaler $50.42 7A 31 View King Laborers Jackhammer $49.81 7A 31 View King Laborers Laserbeam Operator $49.81 7A 31 View King Laborers Maintenance Person $48.90 7A 31 View King Laborers Manhole Builder-mudman $49.81 7A 31 View King Laborers Material Yard Person $48.90 7A 31 View King Laborers Motorman-dinky Locomotive $49.81 7A 31 View King Laborers Nozzleman (concrete Pump, Green $49.81 7A 31 View Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $49.81 7A 31 View King Laborers Pilot Car $41.45 7A 31 View King Laborers Pipe Layer Lead $50.42 7A 31 View King Laborers Pipe Layer/tailor $49.81 7A 31 View King Laborers Pipe Pot Tender $49.81 7A 31 View King Laborers Pipe Reliner $49.81 7A 31 View King Laborers Pipe Wrapper $49.81 7A 31 View King Laborers Pot Tender $48.90 7A 31 View King Laborers Powderman $50.42 7A 31 View King Laborers Powderman's Helper $48.90 7A 31 View King Laborers Power Jacks $49.81 7A 31 View King Laborers Railroad Spike Puller - Power $49.81 7A 31 View King Laborers Raker- Asphalt $50.42 7A 31 View King Laborers Re-timberman $50.42 7A 31 View King Laborers Remote Equipment Operator $49.81 7A 31 View King Laborers Rigger/signal Person $49.81 7A 31 View King Laborers Rip Rap Person $48.90 7A 31 View King Laborers Rivet Buster $49.81 7A 31 View King Laborers Rodder $49.81 7A 31 View King Laborers Scaffold Erector $48.90 7A 31 View King Laborers Scale Person $48.90 7A 31 View King Laborers Stoper(over 20") $49.81 7A 31 View King Laborers Sloper Sprayer $48.90 7A 31 View King Laborers Spreader (concrete) $49.81 7A 31 View King Laborers Stake Hopper $48.90 7A 31 View King Laborers Stock Piler $48.90 7A 31 View King Laborers Tamper Et Similar Electric, Air Et Gas $49.81 7A 31 View Operated Tools King Laborers Tamper (multiple Et Self-propelled) $49.81 7A 31 View about blank 2/3 8/9/2019 about:blank King Laborers Timber Person - Sewer (lagger, $49.81 7A 31 View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $48.90 7A 31 View King Laborers Topper $48.90 7A 31 View King Laborers Track Laborer $48.90 7A 31 View King Laborers Track Liner (power) $49.81 7A 31 View King Laborers Traffic Control Laborer $44.33 7A 31 8R View King Laborers Traffic Control Supervisor $44.33 7A 31 8R View King Laborers Truck Spotter $48.90 7A 31 View King Laborers Tugger Operator $49.81 7A 31 View King Laborers Tunnel Work-Compressed Air Worker $107.60 7A 31 8Q View 0-30 psi King Laborers Tunnel Work-Compressed Air Worker $112.63 7A 31 8Q View 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air Worker $116.31 7A 31 8Q View 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air Worker $122.01 7A 31 8Q View 54.01.60.00 psi King Laborers Tunnel Work-Compressed Air Worker $124.13 7A 31 8Q View 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air Worker $129.23 7A 31 8Q View 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air Worker $131.13 7A 31 8Q View 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air Worker $133.13 7A 31 8Q View 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air Worker $135.13 7A 31 8Q View 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock Tender $50.52 7A 31 8Q View King Laborers Tunnel Work-Miner $50.52 7A 31 8Q View King Laborers Vibrator $49.81 7A 31 View King Laborers Vinyl Seamer $48.90 7A 31 View King Laborers Watchman $37.67 7A 31 View King Laborers Welder $49.81 7A 31 View King Laborers Well Point Laborer $49.81 7A 31 View King Laborers Window Washer/cleaner $37.67 7A 31 View about blank 3/3 EXHIBIT A 18827 Yew Way, Snohomish WA 98296 (360)668-4300 Fax(360) 668-9252 www.unitedrecyclingco.com QUOTE## 1001 DATE Friday,July 19,2019 JOB NAME Kent Meridian Glen Park CUSTOMER NAME City of Kent ADDRESS CONTACT Jan Applegate CITY Kent PHONE## 253-856-5122 START DATE 8/19/2019 EMAIL PRODUCT QTY PICKED UP BLOWER TOTAL Soffall 340 $61.00 $20,740.00 (engineered wood fiber play chips-ADA approved Service includes material, installation& clean up with a backpack blower i r All pricing is per cubic yard. Pricing is based on stockpile non-prevailing wage deliveries. Prevailing wage work subject to increase. Quote valid for 90 days. Pricing includes all fees except sales tax when applicable. We appreciate the opportunity to quote this project! Josh Roden Commercial Sales 425-471-8049 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) 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 insurance: 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. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. 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. / 1 ® DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 08/12/2019 ii%�. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker,Smith&Feek,Inc. PHONE 425-709 3600 AC(FAX,No;425 709-7460 A/C No 2233 112th Avenue NE E-MAIL Bellevue,WA 98004 ADDRESS: INSURE S AFFORDING COVERAGE NAIC It INSURER A: Everest Indemnity Insurance Company INSURED INSURER B: Topsoils, Inc.DBA United Recycling Co. 18827 Yew Way INSURER C: Snohomish,WA 98296 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL�� UBR POLICY EFF POLICY EXP LIMITS LTR: IN SIR POLICY NUMBER MM/DD/YYYY M A GENERAL LIABILITY EF4ML06284191 02/15/2019 02/15/2020 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY iX PREMISES(Ea occurrence) $ 50,000 CLAIMS-MADE [�]OCCUR MED EXP(Any one person) I$ 5,000 PERSONAL&ADV INJURY $ 1,000,000 _J GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Not Covered X POLICY r� PRO-JECTX LOC $ AUTOMOBILE LIABILITY EF4CA00320191 COMBINEDSINGLELIMIT 1,000,000 A 02/15/2019 02/15/2020 Ea acadent $ 7 XCI ANY AUTO X BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ ._. AUTOS AUTOS PROPERTY DAMAGE $ X HIREDAUTOS X AUTOS NON-OWNED Per accident comp/coll $ 5,000/5,000 I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED 1 1 RETENTIONS $ WORKERS COMPENSATION EF4ML06284191 X WC STATU- OTH- A AND EMPLOYERS'LIABILITY YIN 02/15/2019 02/15/2020 Y LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE "�Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEd$ 1,000,000 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City of Kent is an additional insured and coverage is primary and non-contributory on the general liability and automobile polices per the attached endorsements/forms. CANCELS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 Fourth Ave South AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 7 JHNGGi EVEREST ENVIRONMENTAL APEXTm EXCESS LIABILITY EUM 00 509 03 16 b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first named insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or"suit" is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit"or transfer those rights to us and help us enforce them. Any recoveries will be distributed as follows: a. First,we will be entitled to recover to the extent of our payment; and b. Next, any remaining amounts will be paid to the "underlying insurers" or any other party to the extent of their payment. The expenses of the recovery will be distributed in proportion to the share of each party's recovery. But, if we conduct the recovery proceedings by ourselves: I. We will pay all expenses; and ii. If we make a recovery, we will be reimbursed in full from the recovery for our expenses before the recovery is distributed. 10. When We Do Not Renew If we decide not to renew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 11. Unintentional Errors or Omissions Your failure to disclose all hazards existing as of the inception date of this policy will not prejudice you with respect to the coverage afforded by this policy provided such failure or any omission is not intentional. However, you must report such failure or any omission to us as soon as practicable after its discovery. 12. Maintenance of Underlying Insurance a. You will maintain all of the "underlying insurance" listed in the schedule of"underlying insurance" in the Declarations in full force and effect throughout this policy period, except for reduction of aggregate limits due to payment of claims,settlements or judgments. b. Failure to maintain "underlying insurance" will not invalidate this insurance. However, this insurance will apply as if the"underlying insurance"were in full effect. c. You will notify us as soon as practicable when any "underlying insurance" is changed or no longer in effect. d. The first Named Insured will furnish us, a complete copy of the "underlying insurance" and any subsequently issued endorsements. 13. Endorsements To This Policy Reference to Commercial Liability Umbrella or Commercial Excess Liability Coverage Part in any endorsement that is attached to or made a part of this policy will mean this policy. 14. Minimum Premium And Minimum Earned Premium Earned premium will be subject to the Minimum Premium and the Minimum Earned Premium as stated in the Declarations. In the event of cancellation by you, there will be no return of any portion of the Minimum Earned Premium. EUM 00 509 03 16 ©Everest Reinsurance Company, 2016 Page 6 of 8 ❑ Includes copyrighted material of Insurance Services Office,Inc., used with its permission POLICY NUMBER: EF4CA00320-191 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE OF THE "ACCIDENT'. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 DEFENSE—COVERAGES F AND G 1. We have the right and duty to defend the insured against any "claim" or"suit" seeking damages or"cleanup costs" subject to coverage under Coverage F (Site Pollution Liability)and Coverage G (Professional Liability). We have no duty to defend the insured against a "claim"or"suit"to which those Coverages do not apply. Our duty to defend ends when the applicable Limit of Liability is exhausted by payment of "loss." "Legal expense" incurred for defense of any "claim" or"suit" shall erode the applicable Limit of Liability. We have the right but not the duty to investigate any "pollution condition" or"wrongful act" and settle any "claim" or "suit" that may result therefrom. 2. Where the insured is legally entitled to select independent counsel to defend it, the attorneys' fees and expenses we will pay are limited to the rates that we normally pay to counsel selected by us to defend similar "claims" in the jurisdiction where the "suit" is being defended. We may require that such counsel meet certain minimum qualifications and maintain errors and omissions insurance. The insured may at any time by its written consent waive any right to select independent counsel. RELATED CLAIMS—COVERAGES F AND G 1. Under Coverage F (Site Pollution Liability), if a "claim" is first made against an insured and reported to us during this"policy period," or under Coverage F.1.(a) (On-Site Clean-Up Costs) a "pollution condition" is first discovered by a "responsible insured" and reported to us during this "policy period," then, provided you have maintained Site Pollution Liability Coverage with us or our affiliate on a continuous, uninterrupted basis: a. Coverages F.1.a.(2), F.1.b. and FA.c. All "claims"first made against an insured and reported to us during a subsequent"policy period"that arise from the same, related, continuous or repeated "pollution condition(s)" that gave rise to a "claim" first made against an insured and reported to us during this"policy period,"will be deemed to have been first made against the insured and reported to us during this"policy period."All such "claims"will be subject to the applicable limits, deductible, terms and conditions of this policy. b. Coverage F.1.a.(1) All "pollution conditions" first discovered by a "responsible insured" and reported to us during a subsequent "policy period" that arise from the same related, continuous or repeated "pollution condition" that was first discovered by a "responsible insured" and reported to us during this "policy period,"will be deemed to have been first discovered by a "responsible insured" and reported to us during this "policy period." All "loss" arising out of such "pollution conditions" will be subject to the applicable limits, deductible, terms and conditions of this policy. 2. Under Coverage G (Professional Liability), if a "claim" is first made against an insured and reported to us during this"policy period,"then, provided you have maintained Professional Liability Coverage with us or our affiliate on a continuous, uninterrupted basis, all "claims" first made against an insured and reported to us during a subsequent "policy period" that arise out of the same, related, continuous or repeated 'wrongful act(s)" that gave rise to a "claim" first made against an insured and reported to us during this "policy period," will be deemed to have been first made against the insured and reported to us during this"policy period." All such"claims"will be subject to the applicable limits, deductible, terms and conditions of this Policy. SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your"executive officers'and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. ECG 00 594 05 18 Copyright, Everest Reinsurance Company, 2018 Page 21 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 2. With respect to all coverages other than Coverage D(Employee Benefits Administration Liability), each of the following is also an insured: a. Your'volunteer workers,"but only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or"volunteer workers" are insureds for: (1) "Bodily injury" or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members(if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph(1)(a)above; or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) "Property damage"to property: (a) Owned, occupied or used by, or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers," any partner or member (if you are a partnership or joint venture), or any member(if you are a limited liability company). b. Any person (other than your "employee" or'volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. 3. Any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest as of the inception of this Policy is a Named Insured. 4. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the"policy period,"whichever is earlier; b. Coverage under this Policy does not apply to any "bodily injury," "property damage," offense, "environmental damage," "wrongful act" or "crisis event" that occurred before you acquired or formed the organization. 5. Solely with respect to Coverage D (Employee Benefits Administration Liability), each of the following is also an insured: a. Each of your"employees"who is or was authorized to administer your"employee benefits program." b. Any persons, organizations or "employees" having proper temporary authorization to administer your "employee benefits program"if you die, but only until your legal representative is appointed. c. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties as such. That representative will have all your rights and duties under this Policy. Page 22 of 37 Copyright, Everest Reinsurance Company, 2018 ECG 00 594 05 18 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 6. Any person or organization with whom you agree to include as an insured pursuant to an "insured contract" is an insured, but only with respect to "bodily injury," "property damage," "environmental damage" or "personal and advertising injury" caused in whole or in part by your operations, "your work," equipment or premises leased or rented by you, or "your products" which are distributed or sold in the regular course of a vendor's business; and only for the lesser of the applicable limits of liability set forth in Section III of the Policy or the minimum limits of liability required by the"insured contract"; however: a. A vendor is not an insured as respects "bodily injury," "property damage," "environmental damage," "emergency response cost,""crisis cost"or"personal and advertising injury": (1) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (2) Arising out of any express warranty unauthorized by you; (3) Arising out of any physical or chemical change in the product made intentionally by the vendor; (4) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (5) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Arising out of demonstration, installation, servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or (7) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects "bodily injury," "property damage," "environmental damage," "emergency response cost," "crisis cost" or"personal and advertising injury": (1) Arising out of any "occurrence," offense or"pollution condition"that takes place after the equipment lease expires or you cease to be a tenant; or (2) Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. 7. Any person or organization that has at least a 50% controlling interest in you is an insured but only with respect to "bodily injury," "property damage," "environmental damage" or "personal and advertising injury" arising out of their financial control of you. 8. Any person or organization with whom you agree to include as an insured pursuant to an "insured contract" is an insured, but only with respect to liability for"bodily injury," "property damage," "environmental damage" or "personal and advertising injury"caused in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf,- in the performance of your ongoing operations for that person or organization. These additional insureds are not an insured with respect to liability for "bodily injury," "property damage," "environmental damage"or"personal and advertising injury"occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. ECG 00 694 05 18 Copyright, Everest Reinsurance Company, 2018 Page 23 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO ECA 24 509 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION - BLANKET This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE PART Paragraph c. of the Other Insurance General Condition is replaced by the following c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any liability assumed under an "insured contract" that requires liability to be assumed on a primary noncontributory basis. Additionally, only the coverage and limit of insurance requirements of the "insured contract" shall apply, and in no event shall those requirements exceed the coverage and limits of insurance provided under this policy. ECA 24 509 04 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc_, used with its permission Cityof Kent Master • f ENT Business License Application DATE/���9 City of Kent Customer Service• 220 Fourth Avenue S. • Kent,WA 98032-5895 253-856-5210 • customerservice@KentWA.gov BUSINESS INFORMATION Afikeronewire December3t.Re-hsue Invoke nuted end otcaiendar Legal Entity Name:Topsoils Inc L_L�zcse 1r o�14 48?O Trade Name DBA:United Recycling & Container Inc. Physical Address: 18827 Yew Way City: Snohomish State: WA ZIP: 98296 Mailing Address:Same City: State: ZIP: Email. ap@unitedrecyclingco.com Phone: 360-668-4300 WA State UBI#: 601-642-009 WA State TRN(if applicable): D Individual D Partnership D LLC ■ Corporation D Other Type of Business: (check all that apply) D Wholesale Trade D Retail Trade ■ Service D Manufacturing D Construction D Govt. D Transp./Commun./Util. D Finance/Insur./RE D Education D Health Industry D Sales/Mktg. D Other Description of Business Activity:C&D recycling and landscape supply services Date when business activity began in Kent:2019 Owners)/Officers Name(s): Dan & Nicki McAuliffe Address: 18827 Yew Way Snohomish . WA 98296 City: State. ZIP: Phone: 360-668-4300 Email: Estimated Annual Gross Income in Kent(Check the box that applies to your business) D $0- $2,000 ■ $2,001 - $200,000 D $200,001 - $1,000,000 D More than $1,000,000 Contact person: Shalyn Cornell Phone: 360-668-4300 Email: $co"1°"@unftedrftyO.com THIS SECTION APPLIES TO BUSINESSES THAT HAVE A PHYSICAL LOCATION WITHIN CITY LIMITS CQMMERCIAt. BUSINESSES NAICS Code: Square Footage: Do You Share a Location with Another Business? D No D Yes(If yes,please call C/S at 253-856-5201) If so please list other entity: Will your business engage in selling,giving away,distributing,dispensing,exchanging for anything of value, planting, growing, processing, packaging,storing,or any other act relating to marijuana as that term is defined in RCW 69.50.101? DYes DNo Do you have more than one location within the City of Kent? D Yes D No If yes,please list location(s): Does your business require a specialty license(i.e.Applicable if your business has Amusement Devices,Cabaret,or Pool&Billiard Tables)? D Yes D No If so please list: Emergency Contact: Phone: Phone: Continued on back... COMMERCIAL BUSINESSES (cON'T) Does your business manufacture, process or package food or drink? ❑ Yes ❑ No Does your business prepare,serve or make available food or drink for consumption by the public? ❑Yes ❑ No Total number of employees_______(Use this number to determine license fee) Driver's License# Fee Schedule (Kent Businesses only) NUM_ BFOF EMPLOYEES• OP NIN it II y 1 0-24 Employees $245.62 $195.62 25-49 Employees $345.62 $245.62 50-99 Employees $545.62 $345.62 100 or more employees $745.62 $445.62 Independent Contractor $101.00 $51.00 (Example:Someone leasing a chair at a licensed salon or barber shop) Non-Profit No Charge 501 (c)3 Required Relocation in Kent No Charge (New App.req.) Prior Kent Address: NON-RESIDENT BUSINESS THIS SECTION IS FOR BUSINESSES WHICH DO NOT HAVE AN OFFICE OR PHYSICAL LOCATION IN THE CITY OFKE . Fee Schedule If your annual gross income in Kent is$2000 or less you are not required to obtain a bu NT siness license with the City of Kent.This is for non-resident businesses only. Operating before July 1 $101.00 Operating after July 1 �t $51.00 RENTAL HOUSING Fee Schedule BUSINESS SECTI— THIS SECTION ISONLYFOR RENTAL PROPERTIESWHKH CONTAIN TWO OR MORE HOUSING UNITS Opening July 1 2 to 10 units $101.00 $51.00 11 to 50 units $301.00 $151.00 51 and above $601.00 $301,00 TAX REGISTRATION By completing this application,you are also registering to file City of Kent business and occupation (B&O) tax returns.If your business activities are exempt from B&O tax,please write the reason(s) here: wholesale reseller The City also levies a utility tax,admissions tax,and gambling tax upon certain business activities. For tax forms or additional information,visit us at KentWA.gov or contact the Tax Division at 253-856-6266. 1 hereby certify that the statements and information furnished by me on this application are true and complete to the best of my knowledge.I also acknowledge that the statements and information furnished by me on this application are public records and are available for public inspection pursuant to State of Washington RCW 42.17.260.1 understand that issuance of this license is conditioned u pon compliance at witapplicable ordinances,regulations and statutes of the City of Kent and State of Washington.The issuance offs s business lcensel d ess of all compliance with the Zoning,Uniform Fire and Building Codes. � r Signature: `�Cr �-;.,� y Shal n Cornell � Print Name• y Title: Accounting_Manager Date:8/8/2019 "'•....••• .••..•.•••.......INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED........................................ FOR OFFICE USE ONLY. B:# Date Rec'd Amount Paid