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CAG2020-253 - Original - Clean Harbors Environmental Services, Inc. - Mill Creek Canyon Cleanup - 08/06/2020
RL BL 8/5/20 CAG2020-253 Contract Original • KENT GOODS & SERVICES AGREEMENT between the City of Kent and Clean Harbors Environmental Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Clean Harbors Environmental Services, Inc. organized under the laws of the State of Washington, located and doing business at 26328 791h Avenue South, Kent, WA 98032 (hereinafter the "Vendor"). I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: As described in the attached Exhibit A, incorporated herein, contractor shall clean up and dispose of garbage and other waste related to encampments within Mill Creek Canyon. 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 August 31, 2022 IIi. COMPENSATION. The City shall pay the Vendor an amount not to exceed $80,000, 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 a monthly invoice with a progress report listing services performed in the past 30 days. Card Payment Program. Vendor may elect to participate in automated credit card payments GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If Vendor voluntarily participates in this Program, Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. Vendor shall not charge those fees back to the City. The City shall pay Vendor within thirty days of the receipt of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor within ten days of the receipt of invoice and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. The Vendor maintains a set of books dedicated to the expenses and earnings of its GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. V1. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(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 amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a GOODS & SERVICES AGREEMENT - 3 (Over $20, 000, including WSST) force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment or another written 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 upon the giving of reasonable advance written notice. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's ❑uty 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 GOODS & SERVICES AGREEMENT - 4 (Over $20, 000, including WSST) 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, X11. 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. GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THATTHE 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 ❑isgutes 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 GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) 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 and such consent shall not be unreasonably withheld. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 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. 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. City Business_ License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email.. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) 08/06/2020 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. Paul Van Der Bosch Digitally signed by Paul Van Der Bosch By: Date: 2020.07.28 17:27:08-07'00' For: Clean Harbors Title: Vice President Date; 7/28/20 EEO COMPLIANCE DOCUMENTS — 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 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 guaranteeequal 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 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 Clean Harbors Environmental Services Inc. Company, hereby acknowledge and declare that the before -mentioned company was the prime contractor for the Agreement known as Mill Creek Canyon Cleanup 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. Paul Van Der Bosch Digitally signed by Paul Van Der Bosch By; Date: 2020.07.28 17:28:18-07'00' For: Clean Harbors Title: Vice President Date: 7/28/20 EEO COMPLIANCE DOCUMENTS — 3 EXHIBIT A Proposal to City of Kent for Trash Removal and Encampment Clean-up at Mill Creek Canyon Park Due June 26, 2020 3 pm CleanHarb'or N%,.� KENT WASHINGTON Clean Harbors Environmental Services, Inc. 26328 79th Ave S Kent, WA 98032 Mark Schneider, Account Manager Sch neid er. Ma rk @cleanharbors.com (206) 833-7024 City of Kent Attn: City Clerk' Office 220 4th Avenue South Kent, WA 98032 Citycierk(@, ke ntwa. cloy (253) 856-5725 EXHIBIT A (Continued) REQUEST FOR PROPOSALS Advertised Date June 5, 2020 •�KEIT Request for Proposal Title: Trash Removal and Encampment Clean-up at MITI Creek Canyon Park Requesting Dept./Div.: City of Kent Parks, Recreation, and Community Services RFP Number: PK20-12 Due Date: June 26, 2020 RFP Coordinator: Bryan Higgins, Parks Capital Projects Manager rJggins0kentwa.goy; (253) 856-5113 The City of Kent, Washington ("City") is seeking proposals for services to clean-up and dispose of general garbage and other waste related to encampments within Mill Creek Canyon Park. Mill Creek Canyon Park is a 1.5 mile long (110 acre) park that begins at Earthworks Park (100 Reiten Road, Kent, WA 98030) and runs south to SE 267�h Street. The canyon is characterized by steep slopes and dense vegetation. Proposals shall be delivered and received, regardless of the delivery method, through June 2611, 2020 up to 3 p.m., as shown on the clock on the east wall of the City Clerk's Office, at the following location: By mail or delivery service to: City of Kent City Clerk's Office 220 4th Avenue South Kent, WA 98032 Office Hours: 8:00 a.m. - 5:00 p.m., Monday - Friday By email to: Cityclerk@kentwa.gov If a Proposer wishes to deliver a proposal in -person, due to impacts from COVID-19, the Proposer shall call the City Clerk at (253) 856-5725 to schedule a time to drop-off the proposal. PROPOSERS MUST COMPLETE AND SIGN THE FORM BELOW (TYPE OR PRINT) Company Name _ Clean Harbors Environmental Services, Inc. Address City/State /Postal Code 263 8 9th Ave S Kent, WA 98032 (Local Office) Signatur Authorized Representative/Title (Print name and title) George L, Curtis, Executive Vice President, Pricing and Proposals Email �J f Phone Fax n/a please use email Schneider.Mark0cleanharbors.com i 206-833-7024 contact person is Mark Schneider, Account Manaaer Company Headquarters Located in State/Province of Massachusetts Clean Harbors i June 26, 2020 EXHIBIT A (Continued) Exhibit A To the RFP for Trash Removal and Encampment Clean-up at Mill Creek Canyon Park CERTIFICATIONS AND ASSURANCES I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s): 1. I/we declare that all answers and statements made in the proposal are true and correct. 2. The prices and/or costs data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal. 3. The attached proposal is a firm offer for a period of 60 days following the due date for receipt of proposals, and it may be accepted by the City of Kent, Washington without further negotiatlon (except where obviously required by lack of certainty in key terms) at any time within the 60-day period. 4. In preparing this proposal, I/we have not been assisted by any current or former employee of the City of Kent whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity, (Any exceptions to these assurances are described In full detail on a separate page and attached to this document.) 5. I/we understand that the City of Kent will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the City of Kent, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal. 6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly, to any other Proposer or to any competitor. 7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions, If there are any exceptions to these terms, I/we have described those exceptions In detail on a page attached to this document. 8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 9. I/we grant the t.it of Kent the right to contact references and others, who may have pertinent inf rma regarding the Proposer's prior experience and ability to perform the jlscrvices totem a ed in this procurement. Georue L._ Curtis Signaturey of rop er Clean Harbors Environmental Services, Inc. Executive Vice President Pricing and Proposals Title June 23, 2020 Date Clean Harbors ii June 26, 2020 EXH I BIT A (Continued) 1 Narrative Clean Harbors will work with the City to divide the canyon into well-defined sections that will maximize the efficiency of a phased clean-up approach. We will closely coordinate and work with City's staff, social services personnel and local law enforcement to ensure safety and maximum project efficiency for all the cleanup services. Clean Harbors suggests scheduling the services on a routine weekly schedule, if possible. Clean Harbors will provide qualified and appropriate field crews for all Clean-up services including hazardous materials removal and confined space entries. Our employees have the necessary training to be able to safely manage urine, feces, soiled personal hygiene items, syringes, and other materials which could pose a health threat. Clean Harbors Bloodborne Pathogen training is supplemented with precautions regarding West Nile Virus, hanta virus, Hepatitis A, and histoplasmosis and meets all OSHA's Bloodborne Pathogen Standard 1910.1030. We will mobilize out of our Kent, WA service center which is about 2 miles away from the park. We will; • Remove and dispose of all debris including makeshift shelters/ structures. • Identify, remove, package, transport and dispose all debris/trash, universal & hazardous & biohazardous waste. • Decontaminate and sanitize the waste to be removed to ensure health and safety. • Strictly adhere to all Federal, State and Local regulations. • Provide summary reports to the City upon completion of each cleanup, including pre and post abatement/sanitation photos of encampment sites • Notify the City whenever adjacent encampments are discovered by Clean Harbors crews • bag, tag and log all discovered unattended personal property that does not present a health and safety hazard, and work with the City to arrange for storage of the personal property. • Immediately halt work and notify local law enforcement if homeless occupants or any contraband and/or evidence of criminal activity is discovered at a job site. ■ Participate in Homeless Task Forces Meetings when attendance is requested by the City. Clean Harbors can also decontaminate and sanitize the encampment areas to ensure health and safety. This is common practice when encampments are in public places with concrete or asphalt, such as sidewalks and parking lots. Clean Harbors intends to self -perform the majority of above services. The transportation and disposal of the non -hazardous trash may be provided by the City's contracted garbage provider or Clean Harbors. The disposal of universal waste will be subcontracted to appropriate fully permitted and licensed facilities. Clean Harbors has developed Homeless Encampment Abatement procedures which serve as the basis for our work plans on encampment cleanup services, the procedures can be are customized to each cleanup site, if necessary. Health & Safety is Clean Harbors' #1 priority — companywide. Employees at all levels of the company share this philosophy and are committed to ensuring our safety goals are met at all times. 2 Experience Clean Harbors' staff of experienced, capable Supervisors, Foremen and Technicians will perform the abatement services for the City in an efficient, customer- oriented manner to your complete satisfaction. Clean Harbors 1 June 26, 2020 EXHIBIT A (Continued) Our staff works closely with work with local law enforcement and social and human service agencies during the various phases of the cleanup services. Some of our clients are listed below for your reference. Customer Name: City of Los Angeles, Watershed Protection Div. Address: 2714 Media Center Drive, Los Angeles, CA 90065 Contact Name, Title: Howard Wong, Environmental Inspector Telephone Number: (213) 725-6313 Email Address: howard.wonq@lacity.org Period of Performance: From: 2012 To: Present Contract Value: 53 Million (master contract value- numerous Clean Harbors services) The above contract includes numerous Clean Harbors services to the City. Beginning in 2012, Clean Harbors began providing homeless encampment cleanup services on a biweekly schedule. We provide abatement, decontamination, sanitation and hazardous waste transportation and disposal services to the City. Our crews work in conjunction with the City's sanitation crews to perform the cleanup services. The City's staff handles the trash collection, transportation and disposal. The City also provides site security, personal property cataloging and storage, and manages any contraband which is discovered at the site. Customer Name: County of Orange Community Resources Address: 1770 North Broadway 4th Floor, Santa Ana, CA 92706 Contact Name, Title: Sue Stoffel, Maintenance Inspector Telephone Number: (714) 834-2400 Email Address: sue.stoffel oc arks.com Period of Performance: From: March 2017 To: Present Contract Value: Estimated annual contract value $275,000. Clean Harbors provides homeless encampment abatement services to the County Community Resources Agency. Services include abatement, disinfection, confined space entry, trash and hazardous waste clean- up, transportation and disposal. We have performed many encampment cleanups, some being very large encampments, in parks, along river trails and in canyons for the County. Customer Name: Caltrans Address: 2616 N. Main St, Walnut Creek, CA 94597 Contact Name, Title: Jeremy D. Reiss, Maintenance Area Superintendent Telephone Number: (925) 926-6155 office, (925) 580-5638 Cell Email Address: 'erem .reiss dot.ca. ov Period of Performance: From: August 2019 To: Present Contract Value: Estimated annual contract value $300,000 Clean Harbors provides homeless encampment abatement services to Caltrans in Alameda and Contra Costa Counties. Services include abatement, disinfection, confined space entry, trash and hazardous waste clean-up, transportation and disposal. Customer Name: County of San Diego Address: 5560 Overland Avenue, Suite 270, San Diego, CA 92123-1204 Contact Name, Title: Chris Robinson, Supervisor Telephone Number: (619) 660-5815 Email Address: Christopher.Robinson@sdcounty.ca.gov Period of Performance: From: Nov 2017 To: present Clean Harbors 2 June 26, 2020 EXHIBIT A (Continued) Contract Value: Estimated annual contract value $1 Million. Clean Harbors provides complete homeless encampment abatement services at various sites throughout the county. Services include abatement, disinfection per County protocols, confined space entry, trash and hazardous waste clean-up, transportation and disposal. Customer Name: City of San Diego Address: 1200 Third Avenue, Ste 200, San Diego, CA 92101 Contact Name, Title: Michael Dykes, Code Compliance Supervisor Telephone Number: (858) 627-3314 Email Address: mdykesftsandiego gov Period of Performance: From: September 2017 To: present Contract Value: Estimated annual contract value $1 Million. Clean Harbors provides sanitation services on City public rights -of —way and other City property throughout the City. Services include disinfection per County protocols. Clean Harbors began providing these sanitation services to the City in September 2017 to help with the Hepatitis A epidemic. 3 Cost 3.1 Estimated Overall Cost Clean Harbors cannot provide an accurate overall project cost without knowing how many encampments require cleanup services and how large those encampments are. We can provide you with an estimated daily cost of $4,900 per day for our labor, equipment and materials at a typical encampment cleanup (based on 8 hours onsite per day with a 6 person crew) Note: we can scale down or up the crew size upon the City's request. If we assume 10 days are required for each phase, the estimated labor and equipment cost is $64,400 excluding transportation and disposal fees /charges. 3.2 Unit Costs Rate Schedule to City of Kent- Trash Removal & Encampment Clean-up at Mill Creek Canyon Park UOM PRICE FIELD PERSONNEL* Field Technician (Prevailing Wage) HR $79.00 Field Technician Over Time (Prevailing Wage) HR $115.00 Equipment Operator (Prevailing Wage) HR $105.00 Equipment Operator Over Time (Prevailing Wage) HR $152.00 Foreman (Prevailing Wage) HR $79.00 Foreman Over Time(Prevailing Wage) HR $115.00 Project Manager HR $105.00 Project Manager Over Time HR $152.00 *Field Personnel Mobilization No Charge HEAVY DUTY TRUCKS Box Truck HR $40.00 Rolloff Straight job HR $70.00 LIGHT DUTY TRUCK/RESPONSE EQUIPMENT Pickup/Van/Car/Crew Cab HR $15.00 Stake Body/Utility Truck HR $20.00 EARTH MOVING EQUIPMENT Clean Harbors 3 June 26, 2020 EXHIBIT A (Continued) Bobcat Loader/Mini Excavator HR $80.00 Fork Attachment for Bobcat Loader DAY $20.00 PERSONAL PROTECTIVE EQUIPMENT (PER PERSON PER CHANGE OUT) Level C w/CPF1,2 or Poly Tyvek/Changeout EA $30.00 Modified Level D (Tyvec, Gloves and Boots) EA $15.00 Puncture Resistant Gloves PAIR $5.00 SITE SUPPORT / MISCELLANEOUS Rolloff Container with Tarp & Bows DAY $12.00 Portable Toilets DAY $10.00 Rolloff Poly Liner EA $35.00 55 G / 205 L Steel Drum, Reconditioned lA2/Y1.2/100 (17-H) EA $55.00 30 Gal / 120 Litre Poly Drum 1H2/Y142/S EA $55.00 Drum 15 Gal / 60 Litre Poly (1H2/Y1.8/100) EA $50.00 5 Gal / 20 Litre Poly Drum 1H2/Y1.5/60 EA $18.00 Flexbin, 1 Cubic Yard Flexbin 11G/Y/2022/1122 EA $150.00 Transportation and Disposal Rates Waste Description CH Waste u0m Disposal Transportation ..• Price Price Non RCRA Solids to Hazardous CBP 55 gallon drum 100.00 25.00 Waste Landfill Biohazardous Waste ( i.e. D20R or 55 gallon drum 304.00 25.00 Feces, vomit, sharps, etc) D20X 30 gallon drum 228.00 25.00 Labpacked Flammable Liquids LFB1 5 gallon drum 80.00 25.00 E-waste for Reclamation EEE 55 gallon drum 175.00 25.00 Big Green Box ( 5 gallon box for BGB 5 gal box 225.00 included with Battery Recycling) disposal Aerosols for Incineration LCCRQ 55 gallon drum 285.00 25.00 5 allon drum 85.00 25.00 Propane Cylinders for Recycling LCY1 Each lecture to 35.00 25.00 small size cylinder Propane Cylinders for Recycling LCY1 Each medium 50.00 25.00 size cylinder Non Hazardous Trash/debris to CNO ton Cost+ 12%* Cost+ 12%* Local Non Hazardous Waste Landfill & container rental Other Disposal varies varies quoted CBC Quoted CBC E-manifest fee n/a $20.00 each manifest * The Non Hazardous Trash/ debris hauling and disposal charges will be billed at cost +12%, unless the City is willing to have the trash services directly billed to the City by the trash provider, to provide a cost savings. Clean Harbors 4 June 26, 2020 EXHIBIT A (Continued) 4 Insurance Clean Harbors would like to know if the City is willing to make the desired changes to the insurance requirements contained in Exhibit C of the RFP. See attached redline Word document. 5 Certifications and Assurances (RFP Exhibit A) Please see our signed Certifications and Assurances on page ii.. 5.1 Proposed Exceptions to RFP Exhibit B -Draft Contract and C- Insurance Requirements Clean Harbors would like to know if the City would be willing to negotiation modifications to the draft contract and insurance requirements which are provided in the attached redline Word document named Kent City of Public Works Department RFP CH Redline 6-25-20 AM.docx. Clean Harbors 5 June 26, 2020 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. 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 or a substitute form providing equivalent liability coverage 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 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. Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits of $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. 2. Automobile Liabilit insurance with a combined single limit for bodily injury and property damage of $1,000,000 per accident. Exhibit _ Insurance Requirements for Service Contracts - 1 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: 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. Exhibit _ Insurance Requirements for Service Contracts - 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Clean Harbors Environmental Services, Inc. and its Affiliates 42 Longwater Drive Norwell, MA 02061 Scope of work: All operations of the Named Insured. SEE ATTACHED City of Kent Attn: Lynn Osborn 220 Fourth Avenue South Kent, WI 98032 07/29/2020 1-877-945-7378 1-888-467-2378 certificates@willis.com ACE American Insurance Company 22667 ACE Property & Casualty Insurance Company Indemnity Insurance Company of North Ameri 20699 43575 W17377656 A 2,000,000 500,000 10,000XCU Contractual 2,000,000 4,000,000 4,000,000 Y HDOG71453364 11/01/2019 11/01/2020 A 5,000,000 11/01/202011/01/2019 MCS-90 Y ISAH25291475 B 10,000,000 0 G4682586A 003 11/01/2019 11/01/2020 10,000,000 WLRC65893939 (AOS) C 2,000,000No11/01/2019 11/01/2020 2,000,000 2,000,000 A Workers Compensation & Employers Liability E.L. Each AccidentWLR C65893976 (CA, MA) 11/01/2019 11/01/2020 E.L. Disease -Pol Lmt Per Statute E.L. Disease Each Emp 176486519921640SR ID:BATCH: $2,000,000 $2,000,000 $2,000,000 Willis Towers Watson Certificate Center Page 1 of 2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Clean Harbors Environmental Services, Inc. and its Affiliates 42 Longwater Drive Norwell, MA 02061 The City of Kent is named as an Additional Insured for General Liability and Auto Liability as their interests may appear if required by written contract but only with respect to liability arising out of operations of the Named Insured. It is further agreed that the General Liability and Auto Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667 POLICY NUMBER: COO G27416603 005 EFF DATE: 11/01/2019 EXP DATE: 11/01/2020 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Contractor's Pollution Liability Each Claim $10,000,000 All Claims $10,000,000 SIR $250,000 INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667 POLICY NUMBER: COO G27416603 005 EFF DATE: 11/01/2019 EXP DATE: 11/01/2020 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Professional Liability Each Claim $10,000,000 All Claims $10,000,000 SIR $250,000 22 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W17377656CERT:1764865BATCH:19921640SR ID: POLICY NUMBER: HDO G71453364 COMMERCIAL GENERAL LIABILITY CG 2010 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) I Location(s) Of Covered Operations Any Owner, Lessee, or Contractor whom you have All locations where you are performing operations agreed to include as an additional insured under a for such additional insured pursuant to any such written contract, provided such contract was written contract. executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) -to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: HDO G71453364 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. All locations where you perform work such additional insured pursuant to any such written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT - SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE BORS, INC. 11/01/2019 to 11/01/2020 rIACE MERICANNSURANCE COMPANY Insert the nolicv number. The remainder of the information is to be completed only when this endorsement is issued subsenuent to the nrenaration of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL-32686 (01 /11) Page 1 of 1 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endorsement Number Clean Harbors, Inc. Policy Symbol Polic Number Policy Period Effective Date of Endorsement ISA Milk 1475 11/01/2019 to 11/01/2020 Issued B (Name of Insurance Company ACE �►merican Insurance company Insert the oolicv number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under written contract provided such contract was executed prior to the date of loss. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury' or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA-9U74c (03/16) Page 1 of 1 O ACE American Insurance Company ❑ ACE Property & Casualty Insurance Company ❑ Indemnity Insurance Co. of North America ❑ Insurance Company of North America ❑ Westchester Fire Insurance Company NOTICE TO OTHERS ENDORSEMENT - SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Endorsement Number CLEAN HARBORS, INC. Policy Symbol Polic Number Policy Period Effective Date of Endorsement ISA H25y291475 11/01/2019 to 11/01/2020 IACE RMERICANrINSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL-32686 (01 /11) Page 1 of 1