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HomeMy WebLinkAbout6680 DocuSign Envelope ID:567A91 D8-415C-4524-BC1 E-AEC31480B19E PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation("City"), and 316 Insulation _("Contractor"), whose mailing address is 22510 SE 436th St, Enumclaw, WA 98022. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Insulation work in the Library Attic, 612 5th St. Closed cell spray foam insulation. Spray 5.25 inches of 2 Pound Density HFO High Lift Closed Cell Sray Foam at the underside of the roof sheathing. Also, spray an average of 3 inches of 2 Pound Density HFO High Lift Closed Cell Spray Foam done at all exterior walls of the attic, and perform other associated work described in the estimate #2580. 2. TIME OF COMPLETION. Contractor shall complete the work within 45 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 $ 56,784.00 including 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 ren 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 DocuSign Envelope ID:567A91 D8-415C-4524-BC1 E-AEC31480B19E legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. 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 DocuSign Envelope ID:567A91 D8-415C-4524-BC1 E-AEC31480B19E provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on 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, DocuSign Envelope ID:567A91 D8-415C-4524-BC1 E-AEC31480B19E 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. DocuSign Envelope ID:567A91 D8-415C-4524-BC1 E-AEC31480B19E 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: DocuSign Envelope ID:567A91 D8-415C-4524-BC1 E-AEC31480B19E 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 Contractor'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 Contractor 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. 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 DocuSign Envelope ID:567A91 D8-415C-4524-BC1 E-AEC31480B19E 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 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. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. DocuSign Envelope ID:567A91 D8-415C-4524-BC1 E-AEC31480B19E 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. IN WITNESS WHEREOF,the parties below have executed this agreement. CONTR4C 'O y. THCITY nOF:BREMERTON ed by VA E t V Spit S I, b/AA;i2F 19 Spl es �� AF46U96b /4/8.. Print Name: Print Name: dreg Wheeler _ Title: Owner Title: Mayor DATE 4/17/2024 DATE 4/17/2024 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Kent Spies 316 Insulation Matt Donley cott 22510 SE 436th St. 345 6th Street. Suite 100 Enumclaw, WA 98022 Bremerton, WA 98337 (253) 332-7606 (360) 473-2316 DocuSign Envelope ID:567A91 D8-415C-4524-BC1 E-AEC31480B19E AP R9V D AS TO FORM: 6/1- a J.Kylie t'lnnell Bremerton City Attorney ATTEST: �DocuSigned by: &Ida Now% Angel-a Hoover;4Lity Clerk DocuSign Envelope ID:567A91 D8-415C-4524-BC1 E-AEC31480B19E Lic 3 832PK 253-332-7606 info@316insulationservices.com www.316insulationservices.com 316 insulation RECIPIENT: Quote #2580 City of Bremerton 612 5th Street Sent on 10/04/2022 Bremerton,Washington 98337 Total $56,784.00 Phone:3604732316 SERVICE ADDRESS: 612 5th Street Bremerton,Washington 98337 Product/Service Description Total Closed Cell Spray Foam * Prep area as needed to protect from overspray.We do this with tape, $52,000.00 Insulation plastic and various other methods. Set up ventilation to exhaust while working.We request and require that no one be in the building while we are spraying. Please avoid re-entry for 12 hours upon completion of spray application. *Spray an average of 5.25 inches of 2 Pound Density HFO High Lift Closed Cell Spray Foam producing R--38 done at the underside of roof sheathing. *Spray an average of 3 inches of 2 Pound Density HFO High Lift Closed Cell Spray Foam producing R--21.6 done at all accessible exterior walls of the attic. THIS COVERS ALL COST RELATED TO THE COMPLETION OF THIS JOB. NO CONTENTS OF THIS QUOTE WILL CHANGE UNLESS APPROVED THROUGH A PROPER CHANGE ORDER/REVISION AND APPROVAL! Subtotal $52,000.00 This quote is valid for the next 30 days after which values may be subject to change. 1801 Bremerton $4,784.00 PAYMENT OPTIONS:We request check as form of payment which helps us with the flow of (9.2%) our accounting system.We ask that you would have it ready to deliver to the crew that is on —j the scene upon completion. If that will not work please mail to 22510 SE 436th st Enumclaw,WA 98022 784 Total $56,7$4.U0 e We also offer an optional Credit/Debit Transaction.However it also includes a processing fee of roughly 3% p-DocuSigned by: 4/17/2024 Signature: _ — Date: BAF46095E8E747B... CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/19/2024 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marianne Jackson NAME: Leavitt Group Northwest (A/�NN o.Ext): (800)726-8771 FAX No): (866)728-9168 PO Box 833 E-MAIL marianne-jackson@leavitt.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Auburn WA 98071 INSURER A:Midwest Family Mutual Insurance Compang 23574 INSURED INSURER B: 316 Insulation LLC INSURERC: 22510 SE 436th St INSURERD: INSURER E: Enumclaw WA 98042 INSURERF: COVERAGES CERTIFICATE NUMBER:23-24 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/WYY) (MM/DD/WYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE n OCCUR DAMAGE E TO(RENTED PREMISES (Ea occurrence) $ 50,000 X CPWA0560133158 10/5/2023 10/5/2024 MED EXP(Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY n PRO- n JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANYAUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS X AUTOS CPWA0560133158 10/5/2023 10/5/2024 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESSLIAB A CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTION $ 10,000 CPWA0560133158 10/5/2023 10/5/2024 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE WA Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A A (Mandatory in NH) CPWA0560133158 10/5/2023 10/5/2024 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Bremerton is named as additional insured per written contract terms and conditions of forms MFMBP036 0918 and BP0702 0702 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 345 6th Street. Suite 100 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE M Klontz/KRBEPI I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) BUSINESSOWNERS BP 07 02 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Section II—Liability is amended as follows: Under Paragraph D.4.b Liability And Medical Ex- penses Limits Of Insurance, the aggregate limit for all "bodily injury" and "property damage" other than "bodily injury" or "property damage" included in the "products-completed operations hazard" applies sepa- rately to each of your projects away from premises owned by or rented to you. A separate aggregate will apply for projects at premises owned by or rented to you. BP 07 02 07 02 © ISO Properties, Inc., 2001 Page 1 of 1 D BUSINESSOVVNERS MFMBP036 09-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ULTIMATE LIABILITY ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the BUSINESSOWNERS COVERAGE FORM and provides the following coverages: Coverage Limits Bail Bonds $5,000 Loss of Earnings $1,000 Automatic Liability Coverage—Newly 120 Days—Period of Coverage Acquired or Constructed Property Damage to Property- Borrowed Equipment $5,000 Blanket Additional Insured—Primary Included if required by Written Contract or & Non Contributory—Ongoing and Written Agreement Completed Operations Damage to Premises Rented to You $300,000 Contractual Liability— Railroad Included in General Liability Limit Blanket Waiver of Subrogation Included if required by Written Agreement MFMBP036 09-18 Page 1 of 4 BUS|NESS]VVNERS &1FMOP03689'I8 The provisions of the 8udnenovvnenCoverage the building that would qualify os covered Form apply except os otherwise provided inthis property, endorsement. VVe will charge you additional premium for the liability f/vo) the date you acquire the property The following changes are made. tothe or begin construction of that part ofthe Busineoowoers Coverage Form: building that would qualify os covered property. Damage to Property~Borrowed Equipment Bail Bonds, Loss wf Earnings and Automatic Liability Coverage~Newly Acquired or The following change is made toR. Exclusions~ Constructed Property 1.Applicable Tm Business Liability Coverage k. Damage To Property—the fo||ow}nK}sadded SECTION U ~LIABILITY~A.Coverages~1� to Business Liability This exclusion does not apply to 'property f.Coverage Extension~Supplementary damage" to borrowed equipment while oto Payments——he following ischanged: }ohsit+and while not being used k; pe/fu/o) (b) Upto �5,V00 for cost of bail bonds required operations. —he most*/e will pay for"property because of accidents or traffic law violations damage" to any one piece ofborrowed arising cut of the use of any vehicle towhich equipment under this coverage is$5,880per Business Liability Coverage. for'hodi|yinjury' occurrence. applies. VVodo not have to furnish these bonds. And; Blanket Additional Insured—Primary and Non /d\All reasonable expenses incurred hythe ContributorY—OngoingandCmnlo|eted insured ot our request to assist usinthe Operations investigation or defense of the claim or"suit', including actual loss of earnings upto \I,000a The following is added toC.Who |sAnInsured day because vf time vfffrun) work. 3.The fo||owioX are also ooinsured. /\. Insured is amended to include asoninsured The following Coverage Extension isadded: any person or organization who you are /3> For any newly acquired vrconstructed required tv add osao additional insured oothis property that is intended for the similar use and policy under o written contract orowritten operation os described io the Declarations vve agreement, but only with respect to liability for will extend Liability coverage. That coverage will "bodily injury', 'property damage" or"personal end when any of the fo||owinX first Occurs: and advertising injury" caused io whole or}n (a)This policy expires; or porthy: (h) l20 days expire a#nryou acquire the 1 Your acts oromissions; property or begin construction of that part of 2 The acts or omissions of those acting onyour behalf, and resulting frun); K1FK1BPO3609'18 Page 2uf4 BUS|NESS]VVNERS &1FMOP03689'I8 (a)Youron0oinA operations performed forthe policy providing coverage. for the same additional insured; occurrence, claim or suit. This provision does (h) Your work completed as included inthe not apply to any policy which the additional "products completed operations hazard" insured iso Named Insured oo Such other policy performed for the additional insured. and where our policy is required bywritten g. However, regarding provision 4. above: contract or written agreement to provide 1�VV+will not extend insurance coverage toany coverage tv the additional insured ooaprimary additional insured o/organization: and non-contributory basis. /a\—hat is not provided to you in this policy; or (b) That is any broader coverage than you are Damage ko Premises Rented TmYou required tv provide to the additional insured person or organization in the written contract The following change. is made to [}. Liability And or written agreement. Medical Expenses Limits Of Insurance— C.The insurance provided to the additional paragraph J. |s deleted and replaced with the insured person or organization does not apply fo||ow}nK: to "bodily injury'', 'property donooge'', or J.The most*e will pay under Business Liability ''persooa| and advertising injury" arising out of Coverage for damages because of'property your rendering of, or the failure to render, any damage" toa premises while rented to You or professional architectural, engineering or in the case of fire while rented to you or sun/eying services including: temporarily occupied hy you with permission of l. The preparing, approving or failing toprepare the owner is \300,008. This limit replaces the v/ approve maps, shop drawings, opinions, limit shown io the Declarations for Damage\u reports,surveys,field orders, change oforders Premises Rented toYou. or drawings and specifications; and 2. Supervisory inspection, architectural or Contractual Liability~ Railroad engineering activities. D. For the coverage here: The following change is made toF. Liability And 1.The insurance is primary with respects to our Medical Expenses Definitions—9. 'Insured coverage'or the additional insured person or contract' |s changed to include contractual organization where the written contract or liability— railroads.The definition of'insured written agreement requires this insurance hp contract' is replaced with the fu||ovviog: primary and non'contrihutory. |n that event, vve 9."Insured contract" means: will not seek contribution froo) any other a.A contract for a lease of premises. However, insurance. policy available to the additional that portion of the contract for a lease of insured on which the additional insured person premises that indenonifies any person or v/organization iso Named Insured, organization for damage by fire topremises 2�This insurance. is excess over any other while rented tv You vr temporarily occupied hy insurance, whether primary, excess, contingent you with permission of the owners is not on or any other basis, available toanadditional "insured contract'; insured, |n which the additional insured vnour b.A sidetrack agreement; policy is also covered ason additional insured c.Any easement or license agreement; hy attachment ufao endorsement toanother K1FK1BPO3609'18 Page 3uf4 BUSINESSOVVNERS MFMBP036 09-18 d. An obligation, as required by ordinance, to made to K.Transfer Of Rights Of recovery indemnify a municipality, except in connection Against Others To Us—paragraph 2. Is deleted with work for a municipality; and replaced with the following: e.An elevator maintenance agreement; 2.Applicable to Businessowners Liability f.That part of any other contract or agreement Coverage: pertaining to your business (including an If the insured has rights to recover all or part of indemnification of a municipality in connection any payment we have made under this policy, with work performed for a municipality) under those rights are transferred to us. The insured which you assume the tort liability of another must do nothing after loss to impair them. At party to pay for "bodily injury" or"property our request, the insured will bring "suit" or damage" to a third person or organization. Tort transfer those rights to us and help us enforce liability means a liability that would be imposed them. This condition does not apply to Medical by law in the absence of any contract or Expenses Coverage. agreement. Paragraph f. does not include that part of any We waive any Right of Recovery we may have contract or agreement: against any additional insured as required in a (1) That indemnified an architect, engineer written agreement because of payments we or surveyor for injury or damage arising make for injury or damage arising out of your out of: ongoing operations or your work done under a. Preparing, approving or failing to contract with that person or organization. prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. Blanket Waiver of Subrogation SECTION III—COMMON POLICY CONDITIONS (APPLICABLE TO SECTION I—PROPERTY AND SECTION II —LIABILITY)The following change is MFMBP036 09-18 Page 4 of 4