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DocuSign Envelope ID:C26F1 CBB-7FEE-4F23-B017-FA7E52710001 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Bates Roofmg, LLC ("Contractor"), whose mailing address is 422 23rd St SE, Puyallup, WA 98372. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Tear off existing roof at lift station WB-3, Install new Durolast DuroTuff roofing system. 2. TIME OF COMPLETION. Contractor shall complete the work within 30 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $19,328.40, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor& Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor 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 Contract price specified above. The City further reserves its right to Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:C26F1 CBB-7FEE-4F23-B017-FA7E52710001 deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:C26F1 CBB-7FEE-4F23-B017-FA7E52710001 the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor 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 Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:C26F1 CBB-7FEE-4F23-B017-FA7E52710001 the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor 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. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). F. Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the outstanding lien claimants until proper releases have been filed with the City Clerk 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. 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 Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. 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. Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:C26F1 CBB-7FEE-4F23-B017-FA7E52710001 Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, 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 performance of this agreement, except for injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or sub-contractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:C26F1 CBB-7FEE-4F23-B017-FA7E52710001 A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad from property damage; explosion, collapse and underground (XCU) if applicable; and C. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, 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 Contractor's insurance shall 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. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor's responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:C26F1 CBB-7FEE-4F23-B017-FA7E52710001 the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and D. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, 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 Contractor's insurance shall 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. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:C26F1 CBB-7FEE-4F23-B017-FA7E52710001 The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor's responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor 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. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:C26F1 CBB-7FEE-4F23-B017-FA7E52710001 defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar 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 on this agreement. L Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. 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 Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. M. Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N. Suspension & Debarment. For contracts involving Washington State and Federal funding, Contractor hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Contractor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Contractor enter into a covered transaction with another firm, Contractor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:C26F1 CBB-7FEE-4F23-B017-FA7E52710001 O. Solicitation of Minority Business. Per RCW 3 5.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF, the parties below have executed this agreement. CON .cghty: THE CIT Fcu , . ERTON Lcullit,r0) 1-6,OwaS .64AAAtkui 132A5B:8421- r4. �137 9A�19B 7-4.B.D... Print Name: Kim Langbe rg Print Name: Tomas Knuckey Title: Manager Title: Di rector of Public Works & Utilities DATE 3/14/2024 DATE 3/14/2024 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Contracts Administrator 345 6th Street, Suite 100 Bremerton, WA 98337 (360) 360-473-5306 APPROVED AS TO FORM: DocuSigned by: 52ACBE8381B0'162... Kylie J. Finnell Bremerton City Attorney DocuSigned by: ATTES ttx Abbvux 24EUbED4E45U41 h... Angela Hoover, City Clerk Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID: C26F1CBB-7FEE-4F23-B017-FA7E52710001 422 23rd St SE Puyallup,WA 98372 &VII ��� Phone:253-473-0675 BATESRL945J0 r www.batesroofingllc.com Serving the Puget Sound since 1983 Customer: City of Bremerton WWTP-Kevin Golnik Date: 1/30/2024 'Site Address: 416 S Cambrian Ave,Bremerton,WA,98314 Phone: 360-340-2654 TYPE OF ROOF:80mi1 DuroLast DuroTuff. BID FOR: TEAR OFF of existing roof-Install new DuroLast DuroTuff Roofing system. *ESTIMATE BASED ON 1 LAYER OF EXISTING ROOF MATERIAL. -Prepare grounds for necessary construction. -I have attached and will meet or exceed all requirements for the 30 Year DuroLast Warranty. -Tear off and remove existing roof system down to solid sheeting. -Replace up to 3 sheets 1/2"CDX plywood. -Mechanically attach 2"poly ISO insulation. -Mechanically attach 1/2"N dens deck per manufacture recommendation 8 screws and plates per sheet. -Mechanically attach 80 mil DuroLast DuroTuff membrane per manufacture recommendation,heat weld all seams. -Install new DuroLast Wall scuppers custom made for this building. -Walls and boxes install 80 mil DuroTuff membrane per manufature recommendation. -All corners,fleshings,tee patches will be 60 mil DuroLast membrane and installed per manufacture recommendation. -Remove,save,and reinstall wall cap.Since I have wall membrane,going under existing cap metal I do not need to purchase from exceptional metals. -Have DuroLast inspector out to do final inspection,and seem check entire roof.Upon completion of this inspection a 30 Year Warranty will be issued. -Clean up and haul away all roofing debris. Additional work to consider: * Additional plywood will be calculated at$100 per sheet.This includes labor,materials,and dump fees. * All extra work(not covered in outline above)calculated at$125 per hour plus material costs.(Contractor to notify BEFORE any extra work begins) Bates Roofing, LLC shall use workmen who are trained and experienced,shall keep the building waterproof, and make every reasonable attempt to keep the project on schedule. All job related materials and debris will be removed.The ground around the property and all areas where the material and dumpster are located will be broom clean. During the installation process, debris may fall into attic, precautions should be taken to protect any uncovered or valuable items. Incidental cracks and nail pops in walls and ceiling are at times an unintended but unavoidable result of the roofing process. Fasteners: Minimum fastener lengths of 1 '/<"are required by the IBC, IRC, and roofing manufacturers' instructions,and the fastener must penetrate the roof deck. This may result in nail protrusions along open eaves or soffits. Contractor shall not be responsible for fasteners that may penetrate an open or exposed eave or soffit. Care should be taken to remove any pictures from the walls to prevent damage. All reasonable efforts will be made to avoid damage to the landscaping property. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and any other necessary insurance.Our workers are fully covered by Workmen's Compensation Insurance. Price$ $17,700.00 WE PROPOSE to furnish material and labor—complete in accordance with these specifications,for the sum of: Tax $1,628.40 Payable as follows: Total$ $19,328.40 25%Down Payment; remaining balance due upon completion.10%retainage withheld for 30 days after date of tinal acceptance,or until receipt of all necessary releases from the State Department of Revenue and the State Department of L&I and until settlement of any liens filed under RCW 60.28,whichever is later,per paragraph 3 of Public Works Agreement.Payments by credit card will incur a 3%Merchant Fee to be paid by customer. Bates Roofing,LLC.Authorized Signature: Don Kestler Date: 1/30/2 02 4 Note:This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL,CONDITIONS&NOTICE TO CUSTOMER—The prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.Payment will be made as outlined above.I have received a copy of the Notice to Customer disclosure statement. DDAoccuSigned by: 4 1Signature: """144A"S Date: 3/14/2024 DocuSign Envelope ID: C26F1CBB-7FEE-4F23-B017-FA7E52710001 422 23rd St SE ' Puyallup,WA 98372 °/Il�g Phone:253-473-0675 BATESRL945J0 � www.batesroofingllc.com Serving the Puget Sound since 1983 Attorney's rcc:, In thc event a disputc or lawsuit ariscs and onc or both parties seek and receive thc assistance of legal counsel,thc prevailing party shall bc paid thcir reasonable attorneys'fcc and costs by thc non prevailing party. Thcrc shall bc onc prevailing party which shall bc thc onc party in whosc favor a nct monetary judgment iJ awarded,or in whosc favor a nct settlement is paid,after all offsets,claims,counterclaims,allowances,ctc.have been resolved. Warranty All workmanship is guaranteed against defects for a period of ten(10)years from the date of substantial completion or final invoice,whichever is sooner. Bates Roofing, LLC will promptly return to the project and repair or replace,as necessary,any defect in workmanship at the Bates Roofing, LLC's sole expense.Bates Roofing,LLC does not warrant defects in materials.All manufacturers'materials warranties are hereby assigned to Customer as Customer's sole remedy for any defect or failure of materials. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. Bates Roofing, LLC's liability is limited to repair and/or replacement of defective work. Bates Roofing, LLC will in no event be responsible for special,incidental or consequential damages.This warranty is void if someone other than Bates Roofing, LLC performs any work upon or alterations of Bates Roofing, LLC's work. Bates Roofing, LLC shall not be responsible for conditions resulting from neglect,abuse,or any failure to properly maintain the work. Changes in the work The Customer may request changes or modifications in the scope of the work. This is known as extra work. These requests may be agreed upon orally or in writing. If agreed upon in writing,such changes or modifications shall be identified and agreed upon in a written change order form prepared by Bate's Roofing LLC unless otherwise agreed in writing all extra work performed by Bates Roofing LLC shall be billed at the rate of$110.00 per hour. The Customer agrees to pay the invoiced amount of all material. The costs of all change orders are due and payable five(5)days from the date of invoice for such change orders. Late Payment If Customer fails to make timely payment,Bates Roofing LLC may,at its sole discretion,alter the payment terms of this contract or suspend or terminate further performance of this contract,without prejudice to any other rights it may have.Bates Roofing, LLC shall be entitled to recover attorney's fees and all collection costs, including any collection agency fees regardless of whether or not suit is instituted. INTEREST: The Customer agrees that payment on all amounts determined due whether liquidated or unliquidated and owing shall bear interest at the rate of 18% per annum or the legally maximum rate of interest, whichever is less. Lien Claimants Bates Roofing LLC warrants that all labor, materials and taxes will be paid for, and there will be no potential lien claimants upon completion of the work and payment in full. This warranty shall be void if any person or firm other than Bates Roofing LLC performs or re-performs any work identified within the original scope of the work of this contract and Bates Roofing LLC shall have no liability whatsoever. Customer Release Customer releases Bates Roofing LLC from all liability for damages done to siding,bushes,shrubs,trees,flowers and any dust or debris which may end up inside the house whether it be attic space or otherwise, unless such damages are caused by the negligence of Bates Roofing LLC. Reasonable precautions will be taken to prevent these incidents from occurring. Any hazardous materials are the Customer's responsibility to contract for removal should the situation arise. Additional venting at the eaves may be required to maximize the effectiveness of your roof vents. This is the Customer's responsibility and unless specifically instructed to do otherwise by the Customer,Bates Roofing LLC will make no changes to the existing venting through the roof. If Customer desires the removal and roofing over an existing chimney, Customer releases Bates Roofing LLC from any liability relating to the venting of any living space that was provided by such chimney. If you are uncertain about anything mentioned here please contact our office or your roofing estimator. Right to Notice Bates Roofing LLC shall be notified of any problems arising with its workmanship or materials installed as well as any property damage incurred. If Bates Roofing LLC is not given the opportunity to remedy the situation prior to any work being undertaken or completed on the property, Bates Roofing LLC shall have no liability or responsibility whatsoever for any breach of warranty, damage incurred, negligence, workmanship, or any other problem associated with the roof building or otherwise. Additional work Some of the additional work that may be needed to install the roof correctly or to remedy any inadequacies,structural or otherwise, may include, but is not limited to,replacement of dry rot, damaged sheeting, any damaged siding as a result of the roofing process or otherwise,stucco,masonry, asbestos abatement coordination,fascia boards and rafter tails,etc.Bates Roofing LLC has your approval must confirm approval from City authorized representative prior to replacing or repairing any damage necessary or appropriate,in its judgment to install the roof correctly and remedy these and any other inadequacies. This work and any other unforeseen conditions will become an extra charge over and above the cost of the estimate and will be billed to the Customer at$110.00 per man hour including drive time plus the cost of materials. Customer permits Unless otherwise specified,the price does not include the cost of any permits or any special instructions. Bates Roofing will obtain any required permits and inspections,and the same will be billed as an additional cost.All agreements are contingent upon and subject to strikes,accidents or delays beyond Bates Roofing LLC's control. Customer agrees to carry fire, tornado and other necessary insurance coverage upon above work. Worker's Compensation and Public Liability Insurance on above work to be taken out by Bates Roofing LLC. Mold Bates' Roofing, LLC makes no warranty or representation of any kind, express or implied,with respect to the existence of,exposure to,or presence of any mold, "fungi" or bacteria on or within a building or structure. Bate's Roofing, LLC and Customer agree that Bate's Roofing shall not be responsible for any property damage, personal injury, loss of income, loss of use, loss of value, adverse health effects or any other claim resulting from the existence of, exposure to, or presence of any mold, "fungi" or bacteria, whether occurring before or after the work provided for herein. Customer releases and agrees to save,indemnify and hold Bate's Roofing harmless from any claims of any third party arising from or relating to the presence of mold,"fungi"or bacteria. DocuSign Envelope ID:C26F1CBB-7FEE-4F23-B017-FA7E52710001 422 23rd St SE Puyallup,WA 98372 (triLt Phone:253-473-0675 BATESRL945J0 'coo--'-9 www.batesroofingllc.com Serving the Puget Sound since 1983 NOTICE TO CUSTOMER This contractor is registered with the state of Washington,registration no. BATESRL945JO,and has posted with the state a bond or deposit of$12,000.00 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of this contractor's registration is April 20, 2024. THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT. This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to$12,000.00 that you and other customers, suppliers, subcontractors,or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help ensure that your project will be completed as required by your contract. YOUR PROPERTY MAY BE LIENED. If a supplier of materials used in your construction project or an employee or subcontract of your contractor or subcontractors is not paid,your property may be liened to force payment and you could pay twice for the same work. FOR ADDITIONAL PROTECTION,YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL"LIEN RELEASE"DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the state Department of Labor and Industries. I have received a copy of this disclosure statement. LDocuSigned by: 1 bunts 1"In,V kil 3/14/2024 es,ee7449e 4DD... Customer Signature Date DocuSign Envelope ID:C26F1CBB-7FEE-4F23-B017-FA7E52710001 Client#: 1964224 BATESROO ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/07/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Laura Kovarik NAME: USI Insurance Services NW PHONE 206 441-6300 —FAX 610-362-8530 (A/C,No,Ext): !(A/C,No): 2340 130th Ave. NE D150 ADDRESS: laura.kovark@usi.com Bellevue,WA 98005 INSURER(S)AFFORDING COVERAGE NAIC# 425 822-1368 Kinsale Insurance Company INSURER A: p Y 38920 INSURED INSURER B:Ohio Casualty Insurance Company 24074 Bate's Roofing LLC 422 23rd St SE INSURER c:Travelers Casualty Ins Co of America 19046 Puyallup,WA 98372 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 'ADDLjSUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD _- POLICY NUMBER _ (MM/DD/YYYY) (MM/DD/YYYY) _ LIMITS A X COMMERCIAL GENERAL LIABILITY X X 01002340930 04/17/2023 04/17/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE REM SESO(ERENTED occu ence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY X BA2N57280A 04/17/2023 04/17/2024 COMBIaccideNEDnt)SI $1,000,000 NGLE LIMIT (Ea X ANY AUTO BODILY INJURY(Per person) $ OWNED � SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS TY X AUTOS ONLY X AOS ONLYY (Per accidentDAMAGE UT $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS A WORKERS COMPENSATION 01002340930 04/17/2023 04/17/2024 SER OTH- AND EMPLOYERS'LIABILITY STATUTE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WA Stop Gap E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? y N/A(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Leased/Rented BM055870965 03/07/2023 03/07/2024 Limit$50,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Sample CERTIFICATE HOLDER CANCELLATION Sample SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #539710959/M39708265 VDBZP Client#: 1964224 BATESROO A CORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/13/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Laura Kovarik USI Insurance Services NW PHONE 206 441-6300 FAX 610-362-8530 (A/C,No,Ext): (A/C,No): 601 Union Street, Suite 1000 E-MADREIL SS: laura.kovarikiusi.com Seattle,WA 98101 AD INSURER(S)AFFORDING COVERAGE NAIC# 425 822-1368 INSURER A: Kinsale Insurance Company 38920 INSURED INSURER B:Ohio Casualty Insurance Company 24074 Bates Roofing LLC Travelers Casualty C: Ins Co of America 19046 422 23rd St SE INSURER D Puyallup,WA 98372 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 INSRL WVD POLICY NUMBER SUBR POLICY POLICY EXP LIMITS (MOLIC/YEFF (MOLIC/YEXP A X COMMERCIAL GENERAL LIABILITY X X 01002340930 04/17/2023 04/17/2024 EACHAC OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISESS(Ea RENTED $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENt AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER $ C AUTOMOBILE LIABILITY BA2N57280A 04/17/2023 04/17/2024 CEaOMBIaccidNED SINGLE LIMIT $1,000,000 ( enry X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AITOS ONLY X AUUTOSONED PROPERTY ent)DAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 01002340930 04/17/2023 04/17/2024 STER ATUTE X ORTH- AND EMPLOYERS'LIABILITY V/N ANY PROPRIETOR/PARTNER/EXECUTIVE WA Stop Gap E.L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Leased/Rented BM055870965 03/07/2024 03/07/2025 Limit$50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to The City, its officials, employees, agents and volunteers only when there is a written contract that requires such status,and only with regard to work performed by or on behalf of the named insured. The General Liability policy contains a special endorsement with Primary and Noncontributory wording,when required by written contract. The General Liability policy includes a Waiver of Subrogation endorsement in favor of the Certificate Holder as referenced above. CERTIFICATE HOLDER CANCELLATION CI of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street, Suite 100 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337 AUTHORIZED� � REPRESENTATIVE 4 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S44038036/M44036578 MOBZP This page has been left blank intentionally. 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 Effective Date of Endorsement Named Insured 0100234093-0 04/17/2023 12:01AM at the Named Insured Bates Roofing LLC address shown on the Declarations Additional Premium: Return Premium: $0 $0 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,executed prior to Locations as required and specified by written contract, the start of work on the project. executed prior to the start of work on the project. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to"bodily injury" or "property damage" or "personal and advertising "property damage"occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations on behalf of the additional insured(s) at the for the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted other than another contractor or by law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the is required by a contract or agreement, the same project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 12 19 © Insurance Services Office, Inc.,2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 2010 12 19 © Insurance Services Office, Inc.,2018 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100234093-0 04/17/2023 12:01AM at the Named Insured Bates Roofing LLC address shown on the Declarations Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) Location and Description of Completed Operations Blanket, as required by written contract,executed prior to Locations as required and specified by written contract, the start of work on the project. executed prior to the start of work on the project. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 20 37 12 19 © Insurance Services Office, Inc.,2018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) -AUTOMATIC Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100234093-0 04/17/2023 12:01AM at the Named Insured Bates Roofing LLC address shown on the Declarations _ Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 24 53 12 19 © Insurance Services Office, Inc, 2018 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 Named Insured 0100234093-0 04/17/2023 12:01AM at the Named Insured Bates Roofing LLC address shown on the Declarations Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE ENVIRONMENTAL COMBINED LIABILITY POLICY- ALL COVERAGE PARTS The insurance provided to Additional Insureds shall be excess with respect to any other valid 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. CAS5003 0717 Page 1 of 1