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HomeMy WebLinkAboutCAG2020-077 - Original - A Plus Demolition & Excavation, Inc. - 2020 Recycling Event - Materials Collection - 03/03/2020 Agreement Routing Form • For Approvals,Signatures and Records Management This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.K E N T W A S H I N G T G N (Print on pink or cherry colored paper) Originator: Department: Nancy Yoshitake for Tony Donati Public Works Date Sent: Date Required: > 3/3/20 3/6/20 O aAuthorized to Sign: Date of Council Approval: Q ❑ Director or Designee 0 Mayor N/A Budget Account Number: Grant? ❑Yes El No 4 7005245.64110.7910/7930/7940 Budget? 0 Yes ❑ No Type: Vendor Name: Category: A Plus Demolition & Excavation, Inc. Contract Vendor Number: Sub-Category: O 1228479 O Project Name: 2020 Recycling Events E L O Project Details:Collect materials at three recycling events. c a� E Agreement Amount: $66,000 Basis for Selection of Contractor: O Start Date: Mayor's signature Termination Date: 11/30/20 Q Local Business? 0 Yes ❑ No* *If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce. Notice required prior to disclosure? Contract Number: ❑Yes ElNo C.P1�2o2a^ ®� � ' Attorney: Comments: 3 O 3 � a, N� RECEIVED pm Date Routed to the Mayor's Office: 'v1 Date Routed to the City Clerk's Office: City of Kent Offiee of the MayOr doaw22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements KENT WAS H i N G T..I GOODS & SERVICES AGREEMENT between the City of Kent and A Plus Demolition & Excavation, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and A Plus Demolition & Excavation, Inc. organized under the laws of the State of Washington, located and doing business at 12035 SE 236th, Kent, WA 98031, Phone: (253) 737-4441, Contact: Steve Breen (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall collect materials at three 2020 City of Kent Recycling Events. For a description and list of materials, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by November 30, 2020. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Sixty Six Thousand Dollars ($66,000), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid per recycling event after submittal of invoice. GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code, K. Counterparts and Signatures b 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: ,— 1 By: I i a-a ( (signature) (signature) ' I Print N e: Print Name: Dana Ralph 1 I its Its Mayor I title) DATE: Id- DATEA. jV5�L7 I NOTICES TO BE SENT TO: ON ICES TO BE SENT i VENDOR: i CITY OF KENT: Steve Breen Timothy J. LaPorte, P.E. ` A Plus Demolition & Excavation, Inc.. City of Kent 12035 SE 236th ( 220 Fourth Avenue South Kent, WA 98031 Kent, WA 98032 (253) 737-4441 (telephone) (253) 737-4760 (facsimile) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) --- GOODS &SERVICES AGREEMENT- 6 (Over$20,000, including WSST) APPROVED AS TO FORM: 6 Kent Law Department ATTEST: Kent City Clerk A Plus Demolition-Recycling Events 5/Donati GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) .. . DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conformto Federal and State laws regarding equal opportun)ty As such all contractors, subcontractors and suppliers who perform work with relation to thi' Agreement shall complywith the regulations of the City's equal employment OpportVnits policies. y The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor Or supplier on this specific Agreement to adhere t0 An affirmative response is required On all of the following questions for this Agreement to be valid 8 d bi �i ve If any contractor, Subcontractor or supplier willfully misrepresents themselves w regard r dn ng' directives outlines, it �|| be considered J breach of contract and it will be at the L|ty'to �k� will regarding suspension or termination for all or part of the Agreement; � sO|8 The questions are aSfollows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the Prime contractor will provide a vvh\1en atate tto all new employees and subcontractors indicating commitment as an e | r»�n employer, qua oppor�unity 4. During the time Of the Agreement I, the prime contractor, will actively consider hiring and promotion ofwomen and minorities. 5. 8eh}r8 acceptance of this Agreement, an adherence statement m/i|| be signed by rne �h Prime [ontnaCtOr, �h�� the Prime Contractor complied with the requirements �S S�� 'forth above. // Oysig | below,~ . referenced above. Date: ` EEO COMPLIANCE DOCUMENTS - lof3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A ;x A Plus Demolition & Excavation f � 12035 SE 236th ' Kent, WA 98031 PH 253-737-4441 FAX 253-737-4760 Email: aplusremoval@comcast.net December 13, 2019 SCOPE OF WORK A Plus Demolition & Excavation will provide container(g) and staff at events for the collection of electronic equipment, scrap metal, refrigerators, appliances, porcelain toilets and sinks, propane tanks, scrap wood, bulky yard debris, cardboard, concrete, rock, brick, asphalt, and other materials. Scrap metal includes, but is not limited to, auto parts, lawn chairs, stoves, microwaves, iron, steel, and other ferrous and non-ferrous metals. The City of Kent will use A Plus Demolition & Excavation to haul CFC units and mattresses. Hauling cost not to exceed $66,000.00 per year for 3 Recycling Events. Saturday, March 7, 2020 Hogan Park (24400 Russell Road) Saturday, June 6, 2020 Kent Phoenix Academy (11000 SE 264 St) Saturday, October 17, 2020 Hogan park (24400 Russell Road) Charge the City of Kent a fee for collection of the materials listed above in line with the size, staffing/equipment needs, and volume history. Disposal of collected materials as garbage or trash is prohibited. A Plus Demolition & Excavation has the right to refuse any contaminated or unacceptable material. It will be responsibility of A Plus Demolition & Excavation staff to screen materials on site for acceptance. Please note that per the King County Health Department rules no vendors/staff may smoke on event sites. Have staff and equipment on-site at 7:30 am on collection days and remove all materials and equipment on the same day. Leave site location clean and orderly. Provide the City of Kent, on the Tuesday following each collection day (or sooner), with the amount of materials collected at each event. Provide City of Kent, on the Tuesday after each collection day, with an invoice for services. Equipment Rental: Provide the use of backhoe and driver when requested for a fee of $650.00. Provide the use of a track hoe and driver when requested for a fee of $1,850.00 backhoe drivers and track hoe operators are required to hold any needed operation/driver certifications. A Plus Demolition & Excavation's staff is to interact in a professional way with participants for a positive reflection upon the City of Kent. Steve Breen A Plus Demolition & Excavation 12035 SE 23611 Kent, WA 98031 PH 253-737-4441 FAX 253-737-4760 Email: aplusremoval@comcast.net December 13, 2019 :Base bid: $3,000.00 the cost of service consisted of hauling and recycling of appliances, electronics, scrap metals, CFC units, propane tanks, porcelain toilets and sinks, water heater, mattresses, scrap wood, bulky yard debris and cardboard. Charge fee for collection of: CFC's $28_00 Mattress $15.00 Toilet and sinks $15.00 Water heater $5.00 5 gal. propane $10.00 1 gal. propane $1.00 Cement trucking per hour $115.00 Wood trucking per load $250.00 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. APLUS-2 A�oRo CERTIFICATE OF LIABILITY INSURANCE DATE(M 03/02120YYY) /2020 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 253-683-1311 NAAMTACT Amber Harris Risk Sure Advisors Inc. PHONE 253-683-1311 FAX 3401 S 19th Street Ste 200 A/C,No,Ext): A/C,No): Tacoma,WA 98405 E M RIE anh risksureadvisors.com Ted Schlatter INSURERS AFFORDING COVERAGE NAIC# INSURER A:Kinsale Insurance Company 38920 nRED INSURER B:Ohio Casualty Insurance CO 24074 YuS Demolition&Excavation,Inc. 12035 SE 236th INSURER C Kent,WA 98031 INSURER D: INSURER E INSURER F OVERAGES 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 LTRTYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 0100108923-0 02/28/2020 02/28/2021 DAMAGE TO RENTE«D 100,000 X PR MI E E n $ MED EXP(Any oneperson) $ Excluded PERSONAL&ADV INJURY $ 1,000, GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY�X JE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 41 ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident AUTOS ONLY ALTOS ONLDY PROPERTY acatlen DAMAGE $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 0100109032-0 02/28/2020 02/28/2021 AGGREGATE 1 1,000,000 DED I X RETENTION$ 0 A WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY Y/N TAT TE R ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ 0100108923-0 02/28/2020 02/28/2021 1,000,000 OFFICER/MEMBER EXCLUDED? N IA E.L.EACH ACCIDENT $ (Mandatory in NH) WA STOP GAP E.L.DISEASE-EA EMPLOYEE 11000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 B INLM Equipment BM060963572 02/27/2020 02/27/2021 scheduled 145,000 B Leased&Rented EQ BM060963572 02/27/2020 02/27/2021 L&R 125,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Kent is included as additional insured per attached form CG2010 0704)with respects to any and all operation of the named insured. overage is primary and non-contributory per attached form CAS5003 (0717).Completed Operations applies perform CG2037(0704).All endorsements apply per written contract. CERTIFICATE HOLDER CANCELLATION 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. Public Works Department 400 West Gowe AUTHORIZED REPRESENTATIVE Kent,WA 98032 QtA-- ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIN41TATION - AMENDED AGGREGATE PER PROJECT OR LOCATION A-ttuched To and Forming Part of Policy Effectwe Date of Endorsement In ed Il 0100108923-0 2/28/2020 at the Named Insured U S demolition& address shown on the Declarations Excavation,Inc. Additional Premoutn., $0 Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABI UTY COVERAGE SCHEDULE General Aggregate applies to EACH LOCATION in the amount of: Total ALL LOCATIONS Aggregate Limit: General Aggregate applies to EACH PROJECT in the amount of: $2,000,000 Total ALL PROJECTS Aggregate Limit-. $5,000,000 J SECTION III—LIMITS OF INSURANCE—2,is amended by the addition of the following: d. The General Aggregate Limit applies separately to each"project"of the Named Insured or to each"location"of the Named Insured as indicated in the Schedule above. Notwithstanding the application of the General Aggregate Limit to each"project"or each"location"of the Named Insured,under no circumstances will we pay more than the TOTAL ALL LOCATIONS AGGREGATE LIMIT or the TOTAL ALL PROJECTS AGGREGATE LIMIT shown in the Schedule above for all claims arising out of all"locations"or all ,?projects"as applicable under this policy. The following are added to the DEFINITIONS section of this policy: "Project"means all work done by you or on your behalf,away from premises owned or rented to you,to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs,work orders, purchase orders,change orders or work done at multiple locations under one contract are not separate"projects" within the meaning of this coverage. "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. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS4005 0310 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy Effective Date of Endorsement V ied ured 0100108923-0 2/28/2020 at the Named insured �mus Nemblition &Excavatior, address shown on the Declarations Inc. Additional Pren""WIV $o Raisin r)Premiwn: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PROD UCTS/COMP LETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE The insurance provided to Additional insureds shall be excess with respect to any othervalid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis,in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CA55003 0717 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Part of Policy i ffecrive Oore of Endorsement No 0100108923-0 228/2020 at the Named Insured A Rud s6"dcrmofition& address shown on the Declarations Excavation,Inc. Additional Premium. Return Premium: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): Location(s)of Covered Operations Blanket,as required by written contract. I Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 —Who Is An insured is amended to include B. With respect tc the insurance afforded to these as an additional insured the person(s) or additional insureds,the following additional exclusions organization(s) shown in the Schedule, but only with apply: respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" caused, "property damage"occurring after: in whole or in part,by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf;. repairs) to be performed by or on behalf of the in the performance of your ongoing operations for the additional insured(s)at the location of the covered additional insured(s) at the location(s) designated operations has been completed;or above. 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 2010 07 04 0 ISO Properties,Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Attached To and Fortning Part of Policy fffectsve Date of Endorsement Namedfosuted 0100108923-0 2/28/2020 at the Named Insured A Plus Demolition & address shown on the Declarations__ExCAx&fian.1ac._ Additional Prenv()M." $0 Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL,GENERAL LIABIUTY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) Location and Description of Completed Operations Blanket,as required by written contract, L_ Information required to complete this Schedule,if not shown above, will be shown in the Declarations. Section 11—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by 'your work" at the location desIg- nated and described in the schedule of this endorse- ment performed for that additional insured and in- cluded in the"products-completed operations hazard". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, CG 2037 07 04 (0 ISO Properties,Inc., 2004 Page 1 of 1 APLUSDE-01 LGUILLORY ACORN CERTIFICATE OF LIABILITY INSURANCE DATE3;m2/2 D/YYYY) �-� 12020 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 endorsement(s). PRODUCER License#OC36861 N AMEACT Lindsay Guillory Alliant Insurance Services,Inc. PHONE FAX 3977 Harbour Pointe Blvd SW (A/c,No,Ext):(425)740-5229 (A/C,No):(425)740-5201 Mukilteo,WA 98275 %% :lindsay.guillory@alliantcom INSURERS AFFORDING COVERAGE NAIC# INSURER A:Vanta ro Specialty Insurance ComiDariv 44768 INSURED INSURER B: A Plus Demolition&Excavation INSURERC: 12035 SE 236th INSURER D: Kent,WA 98031 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 ADDL SUBR POLICY EFF POLICY EXP LTRTYPE OF INSURANCE POLICY NUMBER IMMIDDIYYYYII LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE D OCCUR DAMAGE T Ea NTE occurrence) $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: ❑j�� �LOC GENERAL AGGREGATE $ POLICY PRODUCTS-COMP/OP AGG $ OTHER: A AUTOMOBILE LIABILITY O BINEDitSINGLE LIMIT $ 1,000,000 (EaANY AUTO X 5087-0553-00 9/18/2019 9/18/2020 BODILY INJURY Perperson) $ AUTOS OWNED SAUTOS CHEDULED BODILY INJURY Per accident $ OWNS ONLY JX SCHEDUL XAUTOS ONLY AUTO ONLY P�08ERdenDAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN T TUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 'OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory In If E.L.DISEASE-EA EMPLOYEE $ yes,describe under nd — - --- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space is required) City of Kent is included as Additional Insured per attached form SA 00039 00(0118)with respect to operations of the Named Insured.All endorsements apply per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe 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 POLICY NUMBER:5087-0553-00 Commercial Auto THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT A. SECTION 11—COVERED AUTOS LIABILITY COVERAGE, paragraph A. Coverage, paragraph 1. Who Is An Insured, is amended by adding the following: (1) Any person or organization with respect to the operation, maintenance or use of a covered "auto" covered under this policy, provided that you and such person or organization have agreed in a written contract or agreement, to add such person or organization to this policy as an "insured". However, such person or organization is and "insured": a. Only with respect to the operation, maintenance or use of a covered "auto" covered under this policy; b. Only for"bodily injury"or"property damage"caused by an "accident"which takes place after you executed the written contract or agreement and during the policy period; and c. Only for the duration of the contract or agreement. (2) How Limits Apply—The most we will pay on behalf of an additional insured is the lesser of: a. The limits of insurance specified in the written contract or agreement between you and the person or organization you agreed to add as and additional insured; or b. The Limits of Insurance shown in the Declarations. Such amount shall be part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance—If we cover a claim or"suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or"suit"to the other insurer for defense and indemnity. However, this provision does not apply to the extent you have agreed in a written contract or agreement with the additional insured that this insurance is primary and non-contributory with the additional insured's own insurance. (4) Duties In the Event Of An Accident, Claim, Suit Or Loss—If you have agreed in a written contract or agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in SECTION IV—BUSINESS AUTO CONDITIONS, paragraph A. Loss Conditions, paragraph 2. Duties In the Event Of An Accident, Claim, Suit Or Loss, in the same manner as the Named Insured. 2. HIRED AUTO PHYSICAL DAMAGE COVERAGE A. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, paragraph 4. Coverage Extensions, is amended by adding the following: If hired "autos" are covered "autos"for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any"auto" SA 00039 00 (01/18) Includes material copyrighted by ISO Properties, Inc., with its permission Page 1 of 4 you own, then the Physical Damage Coverages provided are extended to"autos"you hire or borrow, subject to the following limit, deductible and conditions: (1) The most we will pay for"loss"to any hired "auto" is: a. $50,000; or b. The actual cash value of the damaged or stolen property at the time of the "loss"; or c. The cost of repairing or replacing the damaged or stolen property with other property of like kind, whichever is smallest, minus a deductible. (2) The deductible will be equal to the largest deductible applicable to any owned "auto"for Physical Damage Coverage. (3) Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Subject to the above limit, deductible, and excess provisions, we will provide that Physical Damage Coverage applicable to any covered "auto"you own. (5) Subject to a maximum of$1,000 per"accident", we will also cover the actual loss of use of the hired "auto" if it results from an"accident", you are legally liable, and the lessor incurs and actual financial loss. (6) This coverage extension does not apply to: a. Any"auto"that is hired, rented or borrowed with a driver; b. Any"auto"you hire or borrow from any of your"employees"or members of their household; c. Any"auto"you hire or borrow from any of your partners or members of their household (if you are a partnership); or d. Any"auto"you hire or borrow from any of your members or members of their household (if you are a limited liability company). 3. TOWING AND LABOR A. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, paragraph 2. Towing, is deleted in its entirety and replaced with the following: We will pay towing and labor costs you have incurred, up to the limits shown below, for each classification of covered "auto" shown below, each time a covered "auto" classified below is disabled: (1) For private passenger type vehicles, we will pay up to$50.00 per disablement. (2) For"light trucks", we will pay up to$75.00 per disablement. "Light trucks"are trucks that have a gross vehicle weight of 10,000 pounds or less. However, the labor must be performed at the place of disablement. 4. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE A. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, paragraph 3 is amended by adding the following: This exclusion does not apply to the accidental discharge of an airbag. Any insurance we provide for"loss"relating to the accidental discharge of an airbag shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. SA 00039 00 (01/18) Includes material copyrighted by ISO Properties, Inc., with its permission Page 2 of 4 5. LOAN/LEASE GAP COVERAGE A. SECTION III— PHYSICAL DAMAGE COVERAGE is amended by adding the following: In the event of a "total loss"to a covered "auto" owned or leased by you we will pay your additional legal obligation for any difference between the actual cash value of the covered "auto" at the time of"loss"and the "outstanding balance" of the loan or lease. As used in this provision"outstanding balance"means the amount you owe under the terms of the loan or lease to which the damaged covered "auto"is subject at the time of the"loss" less the amount of the following: a. Overdue payments and financial penalties associated with those payments at the time of"loss' b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Security deposits not refunded by the lessor; d. Cost for Extended Warranties and additional protections such as but not limited to Credit Life, Health,Accident or Disability Insurance purchased with the lease or loan; e. Carryover, transfer or rollover balances from previous loans or leases; f. Any amount representing taxes; g. Loan or lease termination fees; h. The dollar amount of any unrepaired damage that that occurred prior to the "total loss" of a covered "auto"; i. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; and j. Final payment under a "balloon loan". As used in this provision a"balloon loan" is a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. B. For the purposes of this Loan/Lease Gap Coverage provision, SECTION V—DEFINITIONS is amended by adding the following Definitions: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value at the time of"loss". A"balloon loan" is a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 6. EXTENDED CANCELLATION CONDITION A. COMMON POLICY CONDITIONS, paragraph A.—Cancellation condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days' prior notice of cancellation. 7. VEHICLE WRAP COVERAGE A. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage,4. Coverage Extensions, is amended by adding the following: In the event of a"total loss"to a covered "auto"for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, we will pay up to $1,000.00 for vinyl vehicle wraps which are displayed on the covered "auto"at the time of "total loss". Regardless of the number of autos deemed a "total loss", the most we will pay under this coverage extension for any one"loss" is $5,000.00. For the purposes of this coverage extension, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. SA 00039 00 (01/18) Includes material copyrighted by ISO Properties, Inc., with its permission Page 3 of 4 B. For the purposes of this Vehicle Wrap Coverage provision, SECTION V—DEFINITIONS is amended by adding the following Definitions: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value at the time of"loss". 8. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, subparagraphs 5.a. and 5.b. are deleted and replaced with the following: Exclusions 4.c and 4.d do not apply to electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto"at the time of the"loss"and such equipment is designed to be solely operated by the use of power from the "auto's" electrical system, in or upon the covered "auto"and physical damage coverages are provided for the covered "auto"; or B. For the purposes of this Audio, Visual and Data Electronic Equipment Coverage provision, SECTION III— PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, Paragraph 5 is amended by adding the following: If the"loss"occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100.00 deductible. All other terms and conditions of the policy remain unchanged. SA 00039 00 (01/18) Includes material copyrighted by ISO Properties, Inc., with its permission Page 4 of 4