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CAG2023-564 - Original - Seattle Junk King - Lake Meridian Homeless Encampment Removal - 11/07/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: u— Agreement Routing Form • For Approvals,Signatures and Records Management KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover WASHINGTON Sheet forms. Originator: Department: Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: 0 11/06/2023 As soon as possible CL Authorized to Sign: Date of Council Approval: QDirector or Designee N/A Budget Account Number: Grant? YesFI/]No 10006600.64190.5380 Budget?w]Yes No Type: N/A Vendor Name: Category: Totem Logisitics Inc., dba Seattle Junk King Contract Vendor Number: Sub-Category: = 2439432 Original p Project Name: Homeless Encampment Removal at Lake Meridian 1.1. Project Details:Vendor to remove and dispose of homeless encampment at Lake Meridian. 0 _ a, Agreement Amount: $4 301 .87 Basis for Selection of Contractor: Other `Memo to Mayor must be attached Start Date: As soon as possible Termination Date: 11/30/2023 Im Q Local Business? Yes1ZNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes In-Process Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: YesONo CAG2023-564 Comments: _ a:+ 3 4) H •� i N 3 f0 _ V1 Date Routed to the City Clerk's Office: 1 1/7/23 ,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KENT W A 5 H i H G 1 O N GOODS & SERVICES AGREEMENT With Prevailing Wage Provisions between the City of Kent and Totem Logisitcs, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Totem Logistics, Inc. organized under the laws of the State of Washington, located and doing business at 308 Clay Street NW Auburn, WA 98001; Contact: David Scott Page; Phone: (510)332-1231 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Vendor to provide cleanup and disposal services of homeless encampment, including hazardous material at Lake Meridian Park. The 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 through other sources. This Agreement does not guarantee the City will request any goods, materials, or services from the Vendor, nor does it obligate the City to obtain them from the Vendor. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services as requested by November 301h, 2023. The vendor acknowledges and understands that the timing of the completion of services is crucial. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $4,301.87 (FOUR THOUSAND THREE HUNDRED AND ONE DOLLARS AND EIGHTY-SEVEN CENTS), 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 single invoice upon completion of homeless encampment removal to APInvoices@Kentwa.gov Invoices must include date(s) and location(s) of work performed and detailed descriptions of the cleanup and disposal provided. GOODS &SERVICES AGREEMENT - 1 ($20,000 or Less, inci. WSST) Card Payment Program. The Vendor may elect to participate in automated credit card payments 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 the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the 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 the Vendor for any defective or unauthorized goods, materials, or services. If the 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 the 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 and Industries prior to Commencing the Contract work. Vendor shall pay prevailing wages in effect on the date this Agreement is executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevalent 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 the 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 the 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 the Vendor's business and has obtained a Unified Business Identifier (UBI) number from the State of Washington. GOODS &SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) 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. VII. 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, the 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 the 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 the 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. 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 notify 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 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 GOODS &SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. IX. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. 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). X. 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. GOODS &SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) XI. WARRANTY. The 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. The 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 the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the 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. XII. 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. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XIII. INDEMNIFICATION. The 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 the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the 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 the 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. XIV. 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. XV. WORK PERFORMED AT VENDOR'S RISK. The 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 the Vendor's own risk, and the 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. GOODS &SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) XVI. 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. 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 the 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 the 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 Consultant 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 GOODS &SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: By: By: .. ..., Print Name; David Scott Page Print Name: Garin Lee Its; President Its: Park Operations Superintendent DATE: Nov 7,2023 DATE; Nov 6,2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Totem Logistics, Inc. Margaret Wagner City of Kent 220 Fourth Avenue South Kent, WA 98032 David Scott Page (253) 856-5138 (telephone) Totem Logistics, Inc. Mwagner@kentwa.gov (email) 308 Clay Street NW Auburn, WA 98001 (253)510-332-1231 (telephone) spage@pacbell.net email ATTEST: 6w�o Kent City Clerk GOODS &SERVICES AGREEMENT - 7 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 6 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 6 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination EEO COMPLIANCE DOCUMENTS - 3 of 6 includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: Totem Logistics Inc Title: President Date: Nov 7, 2023 EEO COMPLIANCE DOCUMENTS - 4 of 6 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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 - 5 of 6 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 Totem Logistics Inc Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Homeless Encampment at Lake Meridian Park that was entered into on the Nov7,2023 (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: Totem Logistics Inc Title: President Date: Nov 7,2023 EEO COMPLIANCE DOCUMENTS - 6 of 6 TOTEM LOGISTICS INC. , SEATTLE JUNK KING 308 Clay St NW Exhibit A Auburn, WA 98001 US 510-332-1231 SPAGE@a PACBELL.NET ir Fstimate ADDRESS ESTIMATE# Job# 1 Margaret Wagner DATE 10/11/2023 Kent-Parks, Recreation & Community Services 220 Fourth Ave. S. Kent, WA 98032 King PO#23-24 ON CALL CLEAN UP 06419 DATE ACTIVITY DESCRIPTION QTY IDATC: AMOIINT 10/11/2023 Kent, 2023 Homeless Se 229th PI and 120th Ave SE, 1 0.00 O.00T Camp Removal Park Land Master Contract No. Haz. waste worker C 34 92.86 3,157.24T 06419., Company Owned Skid Steer, Trailer,Brush Hog, 3 250.00 750.00T Power Equipment Excavator,Chipper Per Day DUMP COST 1 0.00 O.00T ------------------------------- SUBTOTAL 3,907.24 TAX 394.63 TOTAL $4,301 .87 Exhibit Insurance Requirements 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: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. Automobile Liability insurance providing bodily injury and property damage liability coverage for all owned, non-owned, hired, and leased vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. 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 has been given to the City, sent via certified mail, return receipt requested. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsements naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. TOTEM-2 OP ID: MC ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/07/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 503-655-6344 CONTACT Megan Clegg Premier NW Insurance PHONE 503-655-6344 FAX 503-655-2035 421 High St#200 (A/C,No,Ext): (A/C,No): Oregon City,OR 97045 ADDRESS:mclegg@premiernw.net Craig Sopke INSURERS AFFORDING COVERAGE NAIC# INSURER A:Firemen's Ins of Washington DC 21784 INSURED INSURER B:Evanston Insurance Company Totem Logistics Inc. 308 Clay Street NW INSURER C: Auburn,WA 98001 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 DDL UBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS 'I &M/DDNYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FIVX OCCUR CPA6051142 06/17/2023 06117/2024 DAMAGE TO RENTED 300,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICYEl JERCOT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X CPA6051142 06/17/2023 06/17/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED L $ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE CPA6051142 06/17/2023 06/17/2024 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N CPA6051142-WA STOP GAP 06/1712023 06117/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT B Cont Pollution CPLMOL111809 06/17/2023 06117/2024 Per Occur 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is additional insured as respects their interest in the operations of the named insured on a primary&non-contributor basis, &a waiver of subrogation applies per forms CA 0149 0721, CL CG 0492 1018&CG 0114 0916&subject to policy.conditions, limitations&exclusions. Per project aggregate per form C CG 0529 1018. 30 day Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION CITY060 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO CLCA01490721 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED 1. Such person or organization is an additional ORGANIZATIONS "insured" only to the extent such person or The following is added to Paragraph A.1. Who Is organization is liable for "bodily injury" or "property damage": because of the conduct of An Insured of Section II -Covered Autos Liability an "insured" under Paragraphs a. or b. under Coverage: Paragraph A.1. Who Is An Insured of Section Any organization you newly acquire or form, other II -Covered Autos Liability Coverage, caused than a partnership,joint venture or limited liability by an "accident" and resulting from the company or any organization excluded either by ownership, maintenance or use of a covered this Coverage Part or by endorsement, and over "auto"; which you maintain ownership or majority interest 2. The written contract or agreement described of more than 50 percent will qualify as a Named above must have been executed prior to the Insured. However: "accident"that caused the "bodily injury" or 1. This insurance does not apply to any newly "property damage" and be in effect at the time acquired or formed organization that is an of such "accident"; "insured"underany other automobile policy or 3. The insurance afforded to any such additional would be an "insured" under such policy but "insured" does not apply to any "accident" for its termination or the exhaustion of its Limit beyond the period of time required by the of Insurance. written contract or agreement described 2. Coverage does not apply to "bodily injury" or above; "property damage" that occurred before you 4. The most we will pay on behalf of such acquired or formed the organization. additional "insured(s)"is the lesser of: 3. Coverage under this provision is afforded only until the 180th day after you acquire or form a. The Limits of Insurance specified in the the organization or the end of the policy written contract or agreement described period, whichever is earlier. above; or B. ADDITIONAL INSURED BY CONTRACT OR b. The Limits of Insurance shown in the AGREEMENT Declarations. The following is added to Paragraph A.1., Who Is This provision shall not increase the Limit of An Insured of Section II -Covered Autos Liability Insurance shown in the Declarations in this Coverage: policy or coverage part; and When you have agreed in a written contract or 5. The following changes are made to Paragraph agreement to include a person or organization as 5. Other Insurance of B. General Conditions an additional "insured", such person or under Section IV-Business Auto Conditions: organization is included as an "insured" subject to a. The following is added to Paragraph 5.a.: the following: If required by the written contract or agreement described above, the CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission insurance afforded to the additional Paragraph AA.a. Transportation Expenses of insured under this provision will be Section III -Physical Damage Coverage is primary to, and will not seek contribution amended as follows: from, the additional insured's own insurance. 1. The Limits of Insurance are increased to$75 per day to a maximum of$2,500. b. Paragraph 5.c. is deleted in its entirety. 2. We will also pay reasonable and necessary 6. Paragraph A.1.c. under Section II - Covered expenses to facilitate the return of the stolen Autos Liability Coverage is deleted in its "auto"to you. entirety. 3. It is agreed and understood and it is our stated 7. The definition of "insured contract" under intent that expenses incurred by you underthe Section V-Definitions is amended to add the Transportation Expenses Coverage following: Extension will not also be covered or paid An "insured contract" does not include that under the Rental Reimbursement Coverage part of any contract or agreement: provided by this endorsement or any rental reimbursement coverage added by separate That pertains to the ownership, maintenance endorsement to this policy. or use of an "auto" and which indemnifies a H. EXTENDED COVERAGE-AIRBAGS person or organization for other than the vicarious liability of such person or The following is added to Exclusion B.3.a. of organization for "bodily injury" or "property Section III -Physical Damage Coverage: damage" caused by your operation or use of However, this exclusion does not apply to the a covered "auto". unintended discharge of an airbag. However, a person or organization is an This coverage is excess over any other collectible additional "insured" under this provision only to the extent such person or organization is insurance or warranty providing such airbag not named as an "insured" by separate coverage. endorsement to this policy. I. AUTO LOAN/LEASE GAP COVERAGE C. EMPLOYEES AS INSUREDS The following is added to Section III - Physical The following is added to Paragraph A.1. Who Is Damage Coverage, Paragraph C. Limits of An Insured Section II - Covered Autos Liability Insurance. Coverage: 4. In the event of a total "loss" to a covered Any "employee" of yours is an "insured" while "auto", we will pay the lesser of: using a covered "auto" you don't own, hire or a. Any unpaid amount due on the lease or borrow in your business or your personal affairs. loan for a covered "auto", less: D. INCREASED COVERAGE- BAIL BONDS (1) The amount under the Physical The Supplementary Payments Coverage Damage Coverage section of the Extension of Section II - Covered Autos Liability policy; and Coverage is amended as follows: (2) Any: The Limit of Insurance in paragraph A.2.a.(2) is (a) Overdue lease/loan payments at increased to$5,000. the time of the"loss"; E. INCREASED COVERAGE - LOSS OF (b) Financial penalties imposed EARNINGS under a lease for excessive use, The Supplementary Payments Coverage abnormal wear and tear or high Extension of Section II - Covered Autos Liability mileage; Coverage is amended as follows: (c) Security deposits not returned by The Limit of Insurance in paragraph A.2.a.(4) is the lessor; increased to$1,000. (d) Costs for extended warranties, F. FELLOW EMPLOYEE COVERAGE Credit Life Insurance, Health, Accident or Disability Insurance The Fellow Employee Exclusion contained in purchased with the loan or lease; Section II-Covered Autos Liability Coverage does and not apply. This coverage is excess over any other (e) Carry-over balances from collectable insurance. previous loans or leases; or G. COVERAGE EXTENSION-TRANSPORTATION b. $5,000. EXPENSES Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 0149 07 21 Office, Inc., with its permission However, this provision does not apply to the disabled. However, the labor must be performed extent loan/lease gap coverage has been at the place of disablement. provided by separate endorsement to this N. FIRE EXTINGUISHER RECHARGE policy. J. GLASS REPAIR-NO DEDUCTIBLE The following is added to Paragraph A.4, The following is added to Paragraph D.Deductible Coverage Extensions of Section IV - Physical of Section I I I-Physical Damage Coverage:Any Damage Coverage: Comprehensive Coverage deductible shown in When fire extinguishers are kept in your covered the Declarations does not apply to "loss" to auto and any are discharged in an attempt to extinguish a fire, we will pay the lesser of the glass breakage when you elect to patch or repair actual cost of recharging or replacing such fire rather than replace the glass. extinguisher(s). This provision does not apply to any covered No deductible applies to this coverage. "auto"provided Physical Damage Coverage under CA 04 21 - Full Safety Glass Coverage. O. HIRED AUTO PHYSICAL DAMAGE COVERAGE K. INCREASED COVERAGE - ELECTRONIC EQUIPMENT The following is added to Paragraph A.4. Coverage Extensions of Section III - Physical The $1,000 limit indicated in Paragraph C.1.b. Damage Coverage: under Section III -Physical Damage Coverage is increased to$2,500. If hired "autos" are covered "autos" for Covered Autos Liability Coverage and if Physical Damage L. EXTENDED COVERAGE - PERSONAL Coverage is provided for any"auto" you own,then PROPERTY the Physical Damage coverages provided are The following is added to Paragraph AA extended to"autos"you lease,rent, hire or borrow Coverage Extensions of Section III - Physical from someone other than your "employees", Damage Coverage: partners or members of their households subject Physical Damage Coverage on a covered "auto" to the following: may be extended to "loss" to your personal 1. The most we will pay in any one "loss" is the property or, if you are an individual, the personal lesser of: property of a family member, that is in the covered a. The actual cash value of the"auto"; "auto" at the time of "loss" and caused by an b. The cost to repair or replace the"auto";or "accident" and resulting from the ownership, maintenance or use of a covered "auto". C. $100,000. The insurance provided by this coverage 2. Paragraph 1. above is subject to a deductible. extension is excess over any other collectible The deductible shall be equal to the amount of insurance. The most we will pay for any one"loss" the highest deductible shown for any owned under this coverage extension is $500. However, "auto" of the same classification for that our payment for "loss" to personal property will coverage. In the event there is no owned only be for the account of the owner of the "auto" of the same classification, the highest property. deductible for any owned "auto"will apply for Under this provision, personal property does not that coverage. include and we will not pay for "loss" of currency, No deductible will apply to "loss" caused by coins, securities or contraband. fire or lightning. No deductible applies to this coverage extension. 3. Hired Auto Physical Damage Coverage is M. TOWING subject to the following: Paragraph A.2. Towing of Section III - Physical a. If symbol 8 is shown in the Covered Auto Damage Coverage, is replaced by the following: If section ofthe Declarations page forany of a private passenger type "auto" or light truck the Physical Damage coverages, then the "auto" (0-10,000 Lbs. GVW) is provided both Hired Auto Physical Damage coverage Comprehensive and Collision Coverage, we will described in this endorsement does not pay up to$150 for towing and labor costs incurred apply. each time such "auto" is disabled. If a medium, b. O her than indicated in Paragraphs a. heavy or extra-heavy truck or extra-heavy Truck- directly above, coverage provided under tractor"auto" (greater than 10,000 Lbs. GVW)is this provision will be excess over any provided both Comprehensive and Collision other collectible insurance or coverage. Coverage, we will pay up to $250 for towing and labor costs incurred each time such "auto" is CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission 4. In addition to the limit set forth in Paragraph 1. However, this provision does not apply to the above we will pay up to $500 per day, to a extent that rental reimbursement is provided maximum of$3,500 per"loss"for: by separate endorsement to this policy. a. Any costs or fees associated with the Q. DRIVE OTHER CAR COVERAGE "loss"to a hired "auto"; and 1. The following is added to Section II -Covered b. Loss of use of the hired"auto", provided it Autos Liability Coverage: is the consequence of an "accident"for a. Any "auto"you don't own, hire or borrow which you are legally liable, and as a is a covered "auto"for Liability Coverage result of which a monetary loss is while being used by: sustained by the leasing or rental concern. (1) You, if you are designated in the However, Paragraph A.4.b. Loss of Use Declarations as an individual; Expenses under Section III - Physical Damage (2) Your partners or members, if you are Coverage of the Business Auto Coverage Form designated in the Declarations as a does not apply. partnership orjoint venture; P. RENTAL REIMBURSEMENT COVERAGE (3) Your members or managers, if you We will pay for rental reimbursement expenses are designated in the Declarations as incurred by you for the rental of an"auto"because a limited liability company; of"loss"to a covered "auto". (4) Your executive officers if you are 1. Payment applies in addition to the otherwise designated in the Declarations as an applicable amount of each coverage you have organization other than an individual, on the covered "auto". partnership, joint venture or limited liability company;and 2. No deductible applies to this coverage. (5) The spouse of any person named in 3. We will pay only for those expenses incurred Paragraphs Q.1.a.(1). through during the policy period beginning 24 hours Q.1.a.(4)while a resident of the same after the "loss" and ending, regardless of the household; expiration date of the policy,with the lesser of Except: the following number of days: a. The number of days when the covered (a) Any "auto" owned by that "auto" has been repaired or replaced, or individual orby any memberof his or her household. b. 45 days. (b) Any"auto" used by that individual 4. Our payment is limited to the lesser of the or his orher spouse while working following amounts: in a business of selling,servicing, a. Necessary and actual expenses incurred; repairing or parking"autos". or 2. Changes In Auto Medical Payments And b. Not more than$75 for any one day; Uninsured And Underinsured Motorists Coverages 5. We will pay up to an additional $300 for the The following is added to Who Is An Insured: reasonable and necessary expenses you incur to remove your materials and equipment Any individual named in 1.a above and his or from the covered "auto" and replace such her "family members" are "insured" while materials and equipment on the rental "auto". "occupying"or while a pedestrian when being 6. This coverage does not apply while there are struck by any "auto"you don't own except: spare or reserve "autos" available to you for Any"auto" owned by that individual or by any your operations. "family member". 7. If"loss"results from the total theft ofa covered 3. Changes In Physical Damage Coverage "auto"of the"private passenger type",we will Any private passenger type "auto" you don't pay under this coverage only that amount of own, hire or borrow is a covered "auto"while your rental reimbursement expenses which is in the care,custody or control of any individual not already provided for under the Physical named in Q.1.a. above or his or her spouse Damage Coverage Extension of the Business while a resident of the same house-hold Auto Coverage Form or any endorsements except: thereto. a. Any"auto" owned by that individual or by any member of his or her household; or Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 0149 07 21 Office, Inc., with its permission b. Any"auto"used by that individual or his or b. Was in effect at the time of the covered her spouse while working in a business of "bodily injury" or"property damage". selling, servicing, repairing or parking"autos". 2. The covered "bodily injury" or "property damage" must arise out of the operations 4. The most we will pay for the total of all specified in such written contract or damages under Covered Autos Liability agreement. Uninsured Motorists Coverage and 3. At our request you must provide us with a Underinsured Motorists Coverage is the Limit copy of the aforementioned written contract or Of Insurance shown in the Declarations as agreement. applicable to owned "autos". 5. O r obligation to pay for, repair, return or T. UNINTENTIONAL OMISSIONS replace damaged or stolen property under The following is added Paragraph B.2. of Section Physical Damage Coverage, will be reduced IV-Business Auto Conditions: by a deductible equal to the amount of the If you fail to disclose any hazards existing at the highest deductible shown for any owned private passenger type "auto" applicable to inception date of this policy, such failure will not that coverage. If there are no owned private prejudice the coverage provided to you. However, passenger type "autos", the deductible shall this provision does not affect our right to collect be $250 for Comprehensive Coverage and additional premium or exercise our right of $500 for Collision Coverage. No deductible cancellation or nonrenewal. will apply to"loss"caused by fire or lightning. U. LIBERALIZATION 6. Additional Definition If we revise this endorsement to provide greater As used in this DRIVE OTHER CAR coverage without additional premium charge, we Provision: will automatically provide the additional coverage to all endorsement holders as of the day the "Family member" means a person related to revision is effective in your state. the individual named in 1.a. by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Section IV-Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim,"suit' or"loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an "accident",claim, "suit" or"loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV-Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury" or"property damage" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contractor agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability—Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) E. Medical Payments See Declarations F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included CompanyAnd Extended Period Of Coverage H. Who Is An Insured—Amendment Included I. Non-Owned Watercraft(Increased to maximum length of less than 51 Included feet J. Supplementary Payments— Increased Limits 1. Bail Bonds $ 3,000 2. Loss Of Earnings $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability in writing in a contract or agreement that such Coverage Part apply except as otherwise provided in person or organization be added as an this endorsement. This endorsement applies only if additional insured on your policy, provided such Coverage Part is included in this policy. that: A. MISCELLANEOUS ADDITIONAL INSUREDS a. The written contract or written agreement is: 1. Section II —Who Is An Insured is amended (1) Currently in effect or becoming to include as an insured any person or organization (referred to as an additional effective during the term of this policy; and insured below) described in Paragraphs A.1.c.(1) through A.1.c.(9) below when you (2) Fully executed by you and the and such person or organization have agreed additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8 with its permission injury", "property damage" or (1.1) The preparing, approving, "personal and advertising injury". or failing to prepare or b. The insurance afforded by this provision approve, maps, shop does not apply to any person or drawings, opinions, reports, organization included as an additional surveys, field orders, insured by a separate endorsement change orders or drawings issued by us and made a part of this policy and specifications; or or coverage part. (1.2) Supervisory, inspection, c. Only the following persons or architectural or engineering organizations are additional insureds activities. under this provision, with coverage for This exclusion applies even if the such additional insureds limited as claims against any insured allege provided herein: negligence or other wrongdoing in the (1) Persons or Organizations For supervision, hiring, employment, Whom Operations Are Performed training or monitoring of others by that insured, if the "occurrence" which (a) Any person or organization for caused the"bodily injury" or"property whom you are performing damage", or the offense which operations when you and such caused the "personal and advertising person or organization have injury", involved the rendering of, or agreed in writing in a contract or the failure to render, any professional agreement that such person or architectural, engineering or organization be added as an surveying services. additional insured to your policy; and (ii) Bodily injury„ "property property damage" occurring after: (b) Any other person or organization (1.1) All work, including you are required to add as an materials, parts or additional insured under the equipment furnished in contract or agreement described connection with such in paragraph (a) above. work, on the project (c) Such person(s)or organization(s) (other than service, is an additional insured only with maintenance or repairs) respect to liability for "bodily to be performed by or on injury", "property damage" or behalf of the additional "personal and advertising injury" insured(s) at the location caused, in whole or in part, by: of the covered operations (i) Your acts or omissions; or has been completed; or ( ) ii The acts or omissions of (1.2) That portion of "your work" out of which the those acting on your behalf; injury or damage arises in the performance of your ongoing has been put to its operations for the additional insured. intended use by any (d) With respect to the insurance person or organization afforded to these additional other than another insureds, the following additional contractor or exclusions apply: subcontractor engaged in pp y performing operations for This insurance does not apply to: a principal as a part of the i "Bodily i nj ur " "property same project. damage" or "personal and (2) Managers Or Lessors Of Premises advertising injury" arising out A manager or lessor of premises but of the rendering of, or the only with respect to liability arising out failure to render, any of the ownership, maintenance or use professional architectural, of that part of the premises leased to engineering or surveying services, including: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 8 with its permission you and subject to the following contract or written agreement with additional exclusions: you for such leased equipment ends. This insurance does not apply to: This insurance does not apply to any (a) Any "occurrence" which takes "occurrence" which takes place after place after you cease to be a the equipment lease expires. tenant in that premises. (6) State, Municipality, Governmental (b) Structural alterations, new Agency Or Subdivision Or Other construction or demolition Political Subdivision — Permits Or operations performed by or on Authorizations Relating To behalf of such additional insured. Premises (3) Mortgagee, Assignee Or Receiver Any state, municipality, governmental agency or subdivision or other A mortgagee, assignee, or receiver political subdivision subject to the but only with respect to their liability following additional provisions: as mortgagee, assignee, or receiver (a) This insurance applies only with and arising out of the ownership, maintenance, or use of a covered respect to: premises by you. (i) The following hazards for This insurance does not apply to which the state, municipality, structural alterations, new governmental agency or construction or demolition operations subdivision or other political performed by or on behalf of such subdivision has issued a additional insured. permit or authorization in connection with premises you (4) Owners Or Other Interests From own, rent or control and to Whom Land Has Been Leased which this insurance applies: An owner or other interest from whom (1.1) The existence, land has been leased to you but only maintenance, repair, with respect to liability arising out of construction, erection the ownership, maintenance or use of or removal of that part of the land leased to you and advertising signs, subject to the following additional awnings, canopies, exclusions: cellar entrances, coal This insurance does not apply to: holes, driveways, manholes, marquees, (a) Any "occurrence" which takes hoist away openings, place after you cease to lease sidewalk vaults, street that land. banners or decorations (b) Structural alterations, new and similar exposures; construction or demolition or operations performed by or on (1.2) The construction, behalf of such additional insured. erection or removal of (5) Lessor Of Leased Equipment elevators; or Any person(s) or organization(s)from (1.3) The ownership, whom you lease equipment but only maintenance or use of with respect to liability for "bodily any elevators covered injury", "property damage" or by this insurance. "personal and advertising injury" (ii) Operations performed by you caused, in whole or in part, by your or on your behalf for which maintenance, operation or use of the state, municipality, equipment leased to you by such governmental agency or person(s)or organization(s). subdivision or other political A person's or organization's status as subdivision has issued a an additional insured under this permit or authorization. endorsement ends when their written CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8 with its permission (b) This insurance does not apply to (iii) Any physical or chemical "bodily injury", "property damage" change in the product made or "personal and advertising intentionally by the injury" arising out of operations vendor; performed for the state, (iv) Repackaging, except when municipality, governmental agency or subdivision or other unpacked solely for the political subdivision. purpose of inspection, demonstration, testing, or the (7) Controlling Interest substitution of parts under Any person(s) or organization(s) with instructions from the a controlling interest in the Named manufacturer, and then Insured but only with respect to their repackaged in the original liability arising out of: container; (a) Their financial control of you; or (v) Any failure to make such inspections, adjustments, (b) Premises they own, maintain or tests or servicing as the control while you lease or occupy vendor has agreed to make these premises. or normally undertakes to This insurance does not apply to make in the usual course of structural alterations, new business, in connection with construction or demolition operations the distribution or sale of the performed by or for such person(s) or products; organization(s). (vi) Demonstration, installation, (8) Co-Owner Of Insured Premises servicing or repair operations, except such A co-owner of a premises co-owned operations performed at the by you and covered under this vendor's premises in insurance but only with respect to the connection with the sale of co-owner's liability as co-owner of the product; such premises. (vii) Products which, after (9) Vendors distribution or sale by you, (a) Any person(s) or organization(s) have been labeled or (referred to as vendor), but only relabeled or used as a with respect to "bodily injury" or container, part or ingredient "property damage" arising out of of any other thing or "your products" which are substance by or for the distributed or sold in the regular vendor; or course of the vendor's business. (viii)"Bodily injury" or "property The insurance afforded the damage" arising out of the vendor does not apply to: sole negligence of the vendor for its own acts or omissions (1) "Bodily injury" or "property or those of its employees or damage" for which the anyone else acting on its vendor is obligated to pay behalf. However, this damages by reason of the exclusion does not apply to: assumption of liability in a (1.1) The exceptions written contract or written contained in Sub- agreement. This exclusion paragraphs (iv) or does not apply to liability for (vi); or damages that the vendor would have in the absence of (1.2) Such inspections, the written contract or written adjustments, tests or agreement; servicing as the (ii) Any express warranty vendor has agreed to unauthorized by you; make or normally undertakes to make CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 8 with its permission in the usual course of B. EXPECTED OR INTENDED INJURY OR business, in DAMAGE connection with the Exclusion 2.a. Expected Or Intended Injury of distribution or sale of Section I — Coverage A — Bodily Injury And the products. Property Damage Liability is deleted and (b) This insurance does not replaced by the following: apply to any insured person a. Expected Or Intended Injury Or Damage or organization, from whom you have acquired products, "Bodily injury" or"property damage" expected or any ingredient, part or or intended from the standpoint of the insured. container, entering into, This exclusion does not apply to"bodily injury" accompanying or containing or"property damage" resulting from the use of such products. reasonable force to protect persons or 2. With respect to coverage provided by this property. Provision A. Miscellaneous Additional C. KNOWLEDGE OF OCCURRENCE Insureds, the following additional provisions Paragraph 2.a. Duties In The Event Of apply: Occurrence, Offense, Claim Or Suit of Section a. Any insurance provided to an additional IV — Commercial General Liability Conditions insured designated under Paragraphs is deleted and replaced by the following: A.1.c.(1) through A.1.c.(8) above does not apply: a. You must see to it that we are notified as soon pp y: as practicable of an "occurrence" or an (1) To "bodily injury" or "property offense which may result in a claim only when damage" included within the the "occurrence" or offense is known to: "products-completed operations hazard"; or (1) You, if you are an individual; (2) To "bodily injury", "property damage" (2) A partner, if you are a partnership; or "personal and advertising injury" (3) A manager, if you are a limited liability arising out of the sole negligence of company; or such additional insured. (4) An "executive officer" or the "employee" b. The insurance afforded to such additional designated by you to give such notice, if insured only applies to the extent you are an organization other than a permitted by law. partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include: insured will not be broader than that which you are required to provide by the written (i) How,when and where the"occurrence"or contract or written agreement. offense took place; 3. With respect to the insurance afforded to the (ii) The names and addresses of any injured additional insureds within this Provision A. persons and witnesses; and Miscellaneous Additional Insureds, the (iii) The nature and location of any injury or following is added to Section III — Limits Of damage arising out of the "occurrence"or Insurance: offense. The most we will pay on behalf of the D. LEGAL LIABILITY — DAMAGE TO PREMISES additional insured is the amount of insurance: RENTED TO YOU (Fire, Lightning, Explosion, a. Required by the written contract or written Smoke, Or Leakage From Automatic Fire agreement; or Protective Systems) b. Available under the applicable Limits Of If damage to premises rented to you is not Insurance shown in the Declarations; otherwise excluded from this policy or coverage part, then the following provisions apply: whichever is less. 1. Under Section I — Coverage A — Bodily This endorsement shall not increase the Injury And Property Damage Liability, the applicable Limits Of Insurance shown in the last paragraph (after the exclusions)is deleted Declarations. and replaced by the following: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 with its permission Exclusions c. through n. do not apply to you or temporarily occupied by you with damage by fire, lightning, explosion, "smoke", permission of the owner; or leakage from automatic fire protective 5. Subparagraph a. of Definition 9. "Insured systems to premises while rented to you or „ contract of Section V — Definitions is temporarily occupied by you with the permission of the owner. A separate limit of deleted and replaced by the following: insurance applies to this coverage as a. A contract for a lease of premises. described in Section III — Limits Of However, that portion of the contract for a Insurance. lease of premises that indemnifies any 2. The paragraph immediately after Sub- person or organization for damage by fire, paragraph j.(6)of Paragraph 2. Exclusions of lightning, explosion, "smoke" or leakage Section I—Coverage A— Bodily Injury And from automatic fire protective systems to Property Damage Liability is deleted and premises while rented to you or temporarily occupied by you with replaced by the following: permission of the owner is not an "insured Paragraphs (1), (3) and (4) of this exclusion contract'. do not apply to "property damage" (other than 6. As used in this Provision D. Legal Liability— damage by fire, lightning, explosion, "smoke", Damage To Premises Rented To You: or leakage from automatic fire protective systems) to premises, including the contents "Smoke" does not include smoke from of such premises, rented to you for a period of agricultural smudging, industrial operations or seven or fewer consecutive days. A separate "hostile fire". limit of insurance applies to Damage To E. MEDICAL PAYMENTS Premises Rented To You as described in Section III—Limits Of Insurance. The Medical Expense Limit is changed, subject to 3. Paragraph 6. of Section III — Limits Of the terms of Section III—Limits Of Insurance, to Insurance is deleted and replaced by the the Medical Expense Limit shown in the following: Declarations. 6. Subject to Paragraph 5. above, the F. MOBILE EQUIPMENT REDEFINED greater of: Subparagraph f.(1) of Definition 12. "Mobile a. $300,000; or equipment' of Section V— Definitions is deleted and replaced by the following: b. The Damage To Premises Rented To You Limit shown in the Declarations, (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily is the most we will pay under Coverage A for: for damages because of "property damage"to premises while rented to you, (a) Snow removal; or in the case of damage by fire, lightning, (b) Road maintenance, but not construction explosion, "smoke", or leakage from or resurfacing; or automatic fire protective systems, while rented to you or temporarily occupied by (c) Street cleaning; you with permission of the owner. G. NEWLY FORMED OR ACQUIRED This limit will apply to all damage ORGANIZATION, PARTNERSHIP OR LIMITED proximately caused by the same event, LIABILITY COMPANY AND EXTENDED whether such damage results from fire, PERIOD OF COVERAGE lightning, explosion, "smoke", leakage Paragraph 3. of Section II — Who Is An Insured from automatic fire protective systems, or is deleted and replaced by the following: other covered causes of loss or any combination thereof. 3. Any organization you newly acquire or form, other than a joint venture, and over which you 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. maintain ownership or: Other Insurance of Section IV — Commercial General Liability Conditions is a. Majority interest of more than 50% if you deleted and replaced by the following: are a corporation; (ii) That is fire, lightning, explosion, "smoke" b. Majority interest of more than 50% as a or leakage from automatic fire protective general partner of a newly acquired or systems insurance for premises rented to formed partnership; and/or CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 8 with its permission c. Majority interest of more than 50% as an c. Past partnership, joint venture or limited owner of a newly acquired or formed liability company; limited liability company; that is not shown as a Named Insured in the will qualify as a Named Insured if there is no Declarations. other similar insurance available to that I. NON-OWNED WATERCRAFT organization. However, for these organizations: Subparagraph (2) of Exclusion 2.g. Aircraft, (i) Coverage under this provision is afforded Auto Or Watercraft of Section I —Coverage A— only until the next anniversary date of this Bodily Injury And Property Damage Liability is policy's effective date after you acquire or deleted and replaced by the following: form the organization, partnership or (2) A watercraft you do not own that is: limited liability company, or the end of the policy period, whichever is earlier; (a) Less than 51 feet long; and (ii) Section I — Coverage A— Bodily Injury (b) Not being used to carry persons or And Property Damage Liability does not property for a charge. apply to "bodily injury" or "property J. SUPPLEMENTARY PAYMENTS — INCREASED damage" that occurred before you LIMITS acquired or formed the organization, partnership or limited liability company; Section I — Supplementary Payments — Coverages A And B is changed as follows: (III) Section I—Coverage B— Personal And 1. The limit shown in Paragraph 1.b.for the cost Advertising Injury Liability does not apply to "personal and advertising injury" of bail bonds is changed from $250 to$3,000; arising out of an offense committed before and you acquired or formed the organization, 2. The limit shown in Paragraph 1.d. for loss of partnership or limited liability company; earnings because of time off from work is (iv) Coverage applies only when operations of changed from $250 a day to$1,000 a day. the newly acquired organization, K. UNINTENTIONAL OMISSION OR partnership or limited liability company are UNINTENTIONAL ERROR IN DISCLOSURE the same or similar to the operations of insureds already covered under this The following provision is added to Paragraph 6. insurance; Representations of Section IV — Commercial General Liability Conditions: (v) Coverage only applies for those limited liability companies who have established However, the unintentional omission of, or a date of formation as recorded within the unintentional error in, any information given or filed state articles of organization, provided by you shall not prejudice your rights certificates of formation or certificates of under this insurance. organization; and This provision does not affect our right to collect (vi) Coverage only applies for those additional premium or to exercise our right of partnerships who have established a date cancellation or non-renewal. of formation as recorded within a written L. WAIVER OF TRANSFER OF RIGHTS OF partnership agreement or partnership RECOVERY AGAINST OTHERS certificate. The following is added to Paragraph 8. Transfer H. WHO IS AN INSURED —AMENDMENT Of Rights Of Recovery Against Others To Us of The last paragraph of Section II — Who Is An Section IV — Commercial General Liability Insured is deleted and replaced by the following: Conditions: No person or organization is an insured with We waive any right of recovery we may have respect to the conduct of any: against any person or organization because of payments we make for injury or damage arising a. Current partnership or limited liability out of your ongoing operations or"your work" and company, unless otherwise provided for under included in the "products-completed operations Paragraph 3. of Section II — Who Is An hazard" when you have agreed in a written Insured; contract or written agreement that any right of b. Current joint venture; or recovery is waived for such person or organization. This waiver applies only to the CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 8 with its permission person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury" or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. M. LIBERALIZATION CLAUSE The following is added to Section IV — Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. N. INCIDENTAL MEDICAL MALPRACTICE 1. Paragraph 2.a.(1)(d) of Section II — Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — Commercial General Liability Conditions. CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8 with its permission COMMERCIAL GENERAL LIABILITY CL CG 01 14 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION (ADDITIONAL INSURED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph (v) is added to Paragraph (1)(a) of Paragraph b. Excess Insurance under Paragraph 4. Other Insurance of Section IV—Commercial General Liability Conditions, as follows: (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is available to any person or organization who has been added as an additional insured to this policy by endorsement. However, with respect to an additional insured added by endorsement for liability caused, in whole or in part: 1. By your acts or omissions, or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; or (b) In connection with your premises; 2. By your maintenance, operation or use of equipment leased to you by such person or organization; or 3. By "your work" performed for that additional insured and included in the "products-completed operations hazard"; this insurance shall be primary to and will not seek contribution from the additional insured's own insurance if you and such additional insured have agreed prior to loss in a written contract or written agreement, in effect during this policy period, that this insurance be primary and noncontributory as respects liability described in Subparagraph (1)(a)(v)1., (1)(a)(v)2. or (1)(a)(v)3. above. However, this insurance, in all cases, is excess over any other liability insurance available to the additional insured to which such person or organization has been added as an additional insured. CL CG 01 14 09 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission COMMERCIAL GENERAL LIABILITY CL CG 05 29 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT GENERAL LIABILITY ULTRA PLUS ENDORSEMENT A. General Liability Ultra Plus Endorsement CL CG 04 92, Provision A. Miscellaneous Additional Insureds, is revised as follows: 1. The following is added to (1) Persons or Organizations For Whom Operations Are Performed, c.(1): a. If the written contract specifically requires you to provide additional insured coverage via the 10/01 edition of CG 20 10 (aka CG 20 10 10 01)or via the 11/85 edition of CG 20 10 (aka CG 20 10 11 85), then in paragraph 1.c.(1)(c)., the words caused in whole or in part by, are replaced by the words arising out of. b. For purposes of this additional insured coverage, the terms "you" and "your" refer to the Named Insured shown in the Declarations. B. CONTRACTUAL LIABILITY - RAILROADS The following coverage is added: 1. With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of "insured contract" in Section V- Definitions is replaced by the following: 9. "Insured Contract"means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business(including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for"bodily injury" or property damage"to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including CL CG 05 29 10 18 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 2. Other Insurance For purposes of this endorsement, the following is added to the Section IV-Commercial General Liability Conditions, 4 Other Insurance condition and supersedes any provision to the contrary. This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for "your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. AGGREGATE LIMITS OF INSURANCE The following is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01, General Aggregate Limit under SECTION III — LIMITS OF INSURANCE: The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then this endorsement CL CG 05 29 paragraph C. Aggregate Limits Of Insurance does not apply. D. BODILY INJURY REDEFINED The definition of"Bodily injury" in the Definitions section of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 is replaced by the following: "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury' includes mental anguish or other mental injury resulting from "bodily injury'. Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 05 29 10 18 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CLCG02020112 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED PERSON(S) OR ORGANIZATION(S) OTHER THAN THE NAMED INSURED This policy is subject to the following conditions. SCHEDULE Number of Days Notice 30 Name of Person(s) or Organization(s) Mailing Address City of Kent 220 Fourth Avenue South Kent,WA 98032 If this policy is cancelled, we will mail or deliver to the person(s) or organization(s) listed in the Schedule above written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for non-payment of premium; or b. The number of days shown in the Schedule above before the effective date of cancellation if we cancel for any other reason. In no event, however, will notice of cancellation be less than the minimum number of days required by the jurisdiction to which this endorsement applies. If notice is mailed, proof of mailing to the address shown in the Schedule above will be sufficient proof of notice. CL CG 02 02 01 12 Includes copyrighted material of Insurance Services Page 1 of 1 Office, Inc., with its permission ^;� KENT Welca Home Basic Information Legal Entity Name UBI License Type Application Id Reissuance FileLocal License Number Application Status Totem Logistics Inc. 6043172120010001 BLOC 7413 2210225 (2023) Issued Printable Application I Download Business License Certificate .9 Manual Business License Renewal 2023 4 Send FileLocal Renewal Notice 2023 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: 10/27/2023 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating $59.07 15J 4V 8Y View Screed King Laborers Airtrac Drill Operator $60.90 15J 4V 8Y View King Laborers Ballast Regular Machine $59.07 15J 4V 8Y View King Laborers Batch Weighman $50.07 15J 4V 8Y View King Laborers Brick Pavers $59.07 15J 4V 8Y View King Laborers Brush Cutter $59.07 15J 4V 8Y View King Laborers Brush Hog Feeder $59.07 15J 4V 8Y View King Laborers Burner $59.07 15J 4V 8Y View King Laborers Caisson Worker $60.90 15J 4V 8Y View King Laborers Carpenter Tender $59.07 15J 4V 8Y View King Laborers Cement Dumper-paving $60.15 15J 4V 8Y View King Laborers Cement Finisher Tender $59.07 15J 4V 8Y View King Laborers Change House Or Dry Shack $59.07 15J 4V 8Y View King Laborers Chipping Gun (30 Lbs. And $60.15 15J 4V 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $59.07 15J 4V 8Y View King Laborers Choker Setter $59.07 15J 4V 8Y View King Laborers Chuck Tender $59.07 15J 4V 8Y View King Laborers Clary Power Spreader $60.15 15J 4V 8Y View King Laborers Clean-up Laborer $59.07 15J 4V 8Y View King Laborers Concrete Dumper/Chute $60.15 15J 4V 8Y View Operator King Laborers Concrete Form Stripper $59.07 15J 4V 8Y View King Laborers Concrete Placement Crew $60.15 15J 4V 8Y View King Laborers Concrete Saw Operator/Core $60.15 15J 4V 8Y View Driller King Laborers Crusher Feeder $50.07 15J 4V 8Y View King Laborers Curing Laborer $59.07 15J 4V 8Y View King Laborers Demolition: Wrecking It Moving $59.07 15J 4V 8Y View (Incl. Charred Material) King Laborers Ditch Digger $59.07 15.1 4V 8Y View King Laborers Diver $60.90 15J 4V 8Y View King Laborers Drill Operator (Hydraulic, $60.15 15J 4V 8Y View Diamond) King Laborers Dry Stack Walls $59.07 15J 4V 8Y View King Laborers Dump Person $59.07 15J 4V 8Y View King Laborers Epoxy Technician $59.07 15.1 4V 8Y View King Laborers Erosion Control Worker $59.07 15J 4V 8Y View King Laborers Faller Et Bucker Chain Saw $60.15 15J 4V 8Y View King Laborers Fine Graders $59.07 15.1 4V 8Y View King Laborers Firewatch $50.07 15J 4V 8Y View King Laborers Form Setter $60.15 15J 4V 8Y View King Laborers Gabian Basket Builders $59.07 15J 4V 8Y View King Laborers General Laborer $59.07 15J 4V 8Y View King Laborers Grade Checker Et Transit Person $62.49 15J 4V 8Y View King Laborers Grinders $59.07 15J 4V 8Y View King Laborers Grout Machine Tender $59.07 15J 4V 8Y View King Laborers Groutmen (Pressure) Including $60.15 15.1 4V 8Y View Post Tension Beams King Laborers Guardrail Erector $59.07 15J 4V 8Y View King Laborers Hazardous Waste Worker (Level $60.90 15J 4V 8Y View A) King Laborers Hazardous Waste Worker (Level $60.15 15J 4V 8Y View B) King Laborers Hazardous Waste Worker (Level $59.07 15J 4V 8Y View C) King Laborers High Scaler $60.90 15J 4V 8Y View King Laborers Jackhammer $60.15 15J 4V 8Y View King Laborers Laserbeam Operator $60.15 15J 4V 8Y View King Laborers Maintenance Person $59.07 15.1 4V 8Y View King Laborers Manhole Builder-Mudman $60.15 15J 4V 8Y View King Laborers Material Yard Person $59.07 15J 4V 8Y View King Laborers Mold Abatement Worker $59.07 15J 4V 8Y View King Laborers Motorman-Dinky Locomotive $62.59 15J 4V 8Y View King Laborers nozzleman (concrete pump, $62.49 15.1 4V 8Y View green cutter when using combination of high pressure air Et water on concrete Et rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) King Laborers Pavement Breaker $60.15 15J 4V 8Y View King Laborers Pilot Car $50.07 15J 4V 8Y View King Laborers Pipe Layer (Lead) $62.49 15.1 4V 8Y View King Laborers Pipe Layer/Tailor $60.15 15J 4V 8Y View King Laborers Pipe Pot Tender $60.15 15J 4V 8Y View King Laborers Pipe Reliner $60.15 15J 4V 8Y View King Laborers Pipe Wrapper $60.15 15J 4V 8Y View King Laborers Pot Tender $59.07 15J 4V 8Y View King Laborers Powderman $60.90 15J 4V 8Y View King Laborers Powderman's Helper $59.07 15J 4V 8Y View King Laborers Power Jacks $60.15 15J 4V 8Y View King Laborers Railroad Spike Puller - Power $60.15 15J 4V 8Y View King Laborers Raker - Asphalt $62.49 15J 4V 8Y View King Laborers Re-timberman $60.90 15J 4V 8Y View King Laborers Remote Equipment Operator $60.15 15J 4V 8Y View King Laborers Rigger/Signal Person $60.15 15J 4V 8Y View King Laborers Rip Rap Person $59.07 15J 4V 8Y View King Laborers Rivet Buster $60.15 15J 4V 8Y View King Laborers Rodder $60.15 15J 4V 8Y View King Laborers Scaffold Erector $59.07 15J 4V 8Y View King Laborers Scale Person $59.07 15J 4V 8Y View King Laborers Sloper (Over 20") $60.15 15J 4V 8Y View King Laborers Sloper Sprayer $59.07 15J 4V 8Y View King Laborers Spreader (Concrete) $60.15 15J 4V 8Y View King Laborers Stake Hopper $59.07 15J 4V 8Y View King Laborers Stock Piler $59.07 15J 4V 8Y View King Laborers Swinging Stage/Boatswain $50.07 15J 4V 8Y View Chair King Laborers Tamper Et Similar Electric, Air Et $60.15 15J 4V 8Y View Gas Operated Tools King Laborers Tamper (Multiple Et Self- $60.15 15J 4V 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $60.15 15J 4V 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $59.07 15J 4V 8Y View King Laborers Topper $59.07 15J 4V 8Y View King Laborers Track Laborer $59.07 15J 4V 8Y View King Laborers Track Liner (Power) $60.15 15J 4V 8Y View King Laborers Traffic Control Laborer $53.54 15J 4V 9C View King Laborers Traffic Control Supervisor $56.73 15J 4V 9C View King Laborers Truck Spotter $59.07 15J 4V 8Y View King Laborers Tugger Operator $60.15 15J 4V 8Y View King Laborers Tunnel Work-Compressed Air $175.79 15J 4V 9B View Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $180.82 15J 4V 9B View Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $184.50 15J 4V 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $190.20 15J 4V 9B View Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $192.32 15J 4V 9B View Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $197.42 15J 4V 9B View Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $199.32 15J 4V 9B View Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $201.32 15J 4V 9B View Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $203.32 15J 4V 9B View I Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $62.59 15J 4V 8Y View Tender King Laborers Tunnel Work-Miner $62.59 15J 4V 8Y View King Laborers Vibrator $60.15 15J 4V 8Y View King Laborers Vinyl Seamer $59.07 15J 4V 8Y View King Laborers Watchman $45.51 15J 4V 8Y View King Laborers Welder $60.15 15J 4V 8Y View King Laborers Well Point Laborer $60.15 15J 4V 8Y View King Laborers Window Washer/Cleaner $45.51 15J 4V 8Y View Signature• Me2sa Mccorwlck Melissa McCormick(Nov 7,202313:48 PST) Email: cityclerk@kentwa.gov OPS-110623-Totem Logisitcsl nc-HomelessEnca mpmentRemoval Final Audit Report 2023-11-07 Created: 2023-11-06 By: Shayla Ott(sott@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA2UYVg8aWOVbYwjpOJ6V16Uy5OTSHrZRQ "OPS-110623-Totem Log isitcsl nc-HomelessEncampmentRemov al" History Document created by Shayla Ott (sott@kentwa.gov) 2023-11-06-9:53:02 PM GMT Document emailed to glee@kentwa.gov for signature 2023-11-06-9:58:56 PM GMT Email viewed by glee@kentwa.gov 2023-11-06-11:51:16 PM GMT d4 Signer glee@kentwa.gov entered name at signing as Garin Lee 2023-11-06-11:54:26 PM GMT d4 Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date:2023-11-06-11:54:28 PM GMT-Time Source:server C'► Document emailed to spage@pacbell.net for signature 2023-11-06-11:54:29 PM GMT Email viewed by spage@pacbell.net 2023-11-07-5:24:39 PM GMT d4 Signer spage@pacbell.net entered name at signing as David Scott Page 2023-11-07-9:31:12 PM GMT �p Document e-signed by David Scott Page (spage@pacbell.net) Signature Date:2023-11-07-9:31:14 PM GMT-Time Source:server Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2023-11-07-9:31:16 PM GMT Powered by Adobe ENT Acrobat Sign Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2023-11-07-9:37:49 PM GMT dp Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2023-11-07-9:38:06 PM GMT-Time Source:server C'► Document emailed to cityclerk@kentwa.gov for signature 2023-11-07-9:38:08 PM GMT Email viewed by cityclerk@kentwa.gov 2023-11-07-9:44:08 PM GMT dp Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2023-11-07-9:48:43 PM GMT d4 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date:2023-11-07-9:48:45 PM GMT-Time Source:server Agreement completed. 2023-11-07-9:48:45 PM GMT Powered by Adobe �� KENT Acrobat Sign