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HomeMy WebLinkAboutC21-338 RAP + BluSkyDocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 AGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES BETWEEN EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND BLUSKY RESTORATION CONTRACTORS, LLC THIS AGREEMENT ("Agreement") is effective as of 10/15/2021 by and between B1uSky Restoration Contractors, LLC, a Colorado limited liability company (hereinafter "Contractor") and the Riverview Apartments Preservation, LP, a body corporate and politic (hereinafter "RAP"). RECITALS WHEREAS, RAP desires to renovate and retrofit four (4) apartment units to comply with the Americans with Disabilities Act (the "Project") at the Riverview Apartments located at 39169 US Hwy 6 & 24, Avon, CO 81620, (the "Property"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and installation services as set forth below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and RAP in connection with the procurement of equipment, materials, and services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and RAP agree as follows: 1. Services or Work. Contractor agrees to procure the materials, equipment and/or products ("Equipment") necessary for the Project and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the procurement and installation services described in Exhibit A ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than December 31, 2021 and in accordance with the schedule established in Exhibit A. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. C. RAP shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event RAP does not accept the Equipment for any reason in its sole discretion, then Contractor shall upon RAP's request and at no charge to RAP: take the Equipment back; DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 ii. exchange the Equipment; or iii. repair the Equipment. 2. RAP's Representative. The Maintenance Supervisor, William Wright, the Housing Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 31 st day of December, 2021. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by RAP for such additional services in accordance with RAP's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that RAP has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by RAP for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. RAP shall compensate Contractor for the Equipment and performance of the Services in a sum computed and payable as set forth in Exhibit A. The Equipment and performance of the Services under this Agreement shall not exceed $148,010 per the bid plus $15,000 in contingency funds only to be utilized if approved in writing by William Wright totaling $163,010. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by RAP. a. Payment will be made for Equipment and Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as RAP may request. b. If, at any time during the term or after termination or expiration of this Agreement, RAP reasonably determines that any payment made by RAP to Contractor was improper because the Equipment or Services for which payment was made were not provided or performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from RAP, Contractor shall forthwith return such payment(s) to RAP. Upon termination or expiration of this Agreement, unexpended funds advanced by RAP, if any, shall forthwith be returned to RAP. RAP will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, RAP shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by RAP in accordance with a budget adopted by the Board of RAP in compliance with the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 6. Subcontractors. Contractor acknowledges that RAP has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without RAP's prior written consent, which may be withheld in RAP's sole discretion. RAP shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom RAP has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by RAP and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward RAP. RAP shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include RAP, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to RAP separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the RAP is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to RAP, its affiliated entities, successors or assigns, its elected officials, employees, agents, and volunteers. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 V. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless RAP, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which RAP may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse RAP for reasonable attorney fees and costs, legal and other expenses incurred by RAP in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the RAP to the extent that RAP is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the RAP and are to be delivered to RAP before final payment is made to Contractor or upon earlier termination of this Agreement. Further, Contractor shall execute any bill of sale or other documents required by RAP to transfer title of the Equipment to RAP. Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. RAP: Attention: Kim Williams 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8773 Facsimile: 970-328-8787 E-mail: kim.williams@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-mail: atty@eaglecounty.us DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 CONTRACTOR: B1uSky Restoration Contractors, LLC Attn: Michael Clarke, Project Director 770 Lindbergh Drive, #507 Gypsum, Colorado 81637 Telephone:970-319-3 515 E-mail: michael.clarke@goblusky.com 11. Termination. RAP may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide RAP with all documents as defined in paragraph 9 hereof, in such format as RAP shall direct and shall return all RAP owned materials and documents. RAP shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed, interpreted under, and governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the intended purpose and use of the Equipment, nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests asite deems necessary for the performance of the Services. C. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given RAP written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the RAP has accepted or approved the Equipment and/or Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the 4 DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor hereby represents and warrants that the Equipment will be new and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one (1) year from the date the Work is accepted by RAP, or such longer period as may be provided by the law or as otherwise agreed to by the parties. g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of RAP. If any manufacturer or supplier of any Equipment furnishes a guarantee or warranty for a period longer than one (1) year, then Contractor's guarantee or warranty shall extend for a like period as to such Equipment. h. Contractor warrants that title to all Work and Equipment shall pass to RAP either by incorporation into the Property or upon receipt by Contractor of payment from RAP (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and RAP has inspected and approved the same. Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to RAP, and without interruption to RAP: Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any other Work or property caused by such defects or the repairing of such defects. j. Guarantees and warranties shall not be construed to modify or limit any rights or actions RAP may otherwise have against Contractor in law or in equity. k. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. 1. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of RAP. Nothing contained in this Agreement shall be deemed to create a relationship of employer -employee, master -servant, partnership, joint venture or any other relationship between RAP and Contractor except that of independent contractor. Contractor shall have no authority to bind RAP. in. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. n. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 o. Contractor shall not assign any portion of this Agreement without the prior written consent of the RAP. Any attempt to assign this Agreement without such consent shall be void. P. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. q. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. r. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. S. The signatories to this Agreement aver to their knowledge no employee of the RAP has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. t. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Government Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: 6 DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 https://www.uscis.gov/e-veri C. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and RAP within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. C. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions, RAP may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to RAP as required by law. g. RAP will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and RAP terminates the Agreement for such breach. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Attest: DocuSigned by: By: lln.a. tV Vit A& Regina O rpkf, , F ner... Riverview Apartments Preservation LP By and through Riverview Apartments Preservation LLC, its general partner By and through Eagle County Housing and Development Wt;at.: sole member By: Kathy MkPff i ty, Chair CONTRACTOR: cuSigned by: By: 5�&4d ' 5F44DD08247C491... 7 DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 Print Name: Title: DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 EXHIBIT A SCOPE OF SERVICES, EQUIPMENT, SCHEDULE, FEES DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 DIVISION PHASE CODE XACT CODE CSI DESCRIPTION QUANTITY UNIT Division 0 00.000 Pre -construction Division 1 01.000 General Requirements/Mobilization Project Management Project Management -Travel and Perdiem 0.00 MO On -Site Supervision Temparory Facilities Portable Toilets 2.00 MO Construction Trailers Conex MO Temporary Fencing & Barricades LF Temporary Enclosures/ Partitions Interior Protection 1.00 LS Safety and Quality Inspections Mandatory 3rd Party Roof inspection EA 3rd Party Safety Consultant EA Aspostos testing 1.00 LS Equipment and Waste Disposal Equipment MO Fuel MO Delivery EA Waste Management Dumpster. 3.00 EA Warranty Division 2 02.000 Demolition Unit 29 29- D203 REMOVE AND SALVAGE DOOR AND DOOR FRAME 4.00 EA 29- D205 REMOVE WALL FOR DOOR INSTALL 3.00 EA 29- D207 REMOVE & REINSTALL KITCHEN CABINET 1.00 EA DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 29- D210 REMOVE AND REINSTALL KITCHEN SINK &FAUCET 1.00 EA 29- D215 REMOVE EXIST CONCRETE SILL 1.00 EA 29- D222 REMOVE & SALVAGE KITCHEN CABINET 2.00 EA 29- D229 REMOVE EXISTING CARPET FLOORING 385.00 SF 29- D230 REMOVE TILE FLOORING 44.00 SF 29-D221 REMOVE & REPLACE EXISTING STUCCO 2.00 EA 29- D226 REMOVE EXIST VANITY & SINK 1.00 EA 29- D228 PROTECT TILE FLOORING 70.00 SF 29-D221 DETACH AND RESET BASE 410.00 LF Division 4 04.000 Masonry Division 5 05.000 Metals Division 6 06.000 Wood and Plastics Division 7 07.000 Thermal and Moisture Protection Division 8 08.000 Doors and Windows Unit 29 29- A204 New Hollow Core Doors 2.00 EA 29- A205 36"x84" SWING DOOR W/FIXED FULL HEIGHT SIDELITE 1.00 EA 29- A207 ADA COMPLIANT EXT DOORTHRESHOLD 1.00 EA 29- Door Trim 40.00 LF 29- Door Hardware 3.00 EA Division 9 09.000 Finishes Carpentry / Drywall Unit 29 29- A220 PATCH&REPAIR EXISTING GWB AT DOORS 1.00 EA 29- A220 General Carpentry / Drywall Patch 1.00 LS Paint Unit 29 Paint All Walls 3,523.60 SF Paint Doors 11.00 EA Misc. Painting Allowance 1.00 LS Flooring Unit 29 29- A240 EXISTING TILE CLEAN PATCH 60.00 SF DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 29- A241 Wood Laminate Flooring 355.00 SF D216 EXISTING CONCRETE TO REMAIN, REPAIR AS REQUIRED 68.00 SF 10.000 Specialties UIVIblull 11.000 Equipment Appliances Unit 29 Install Range and Refridgerator - Provided by Owner 2.00 EA 12.000 Furnishings Cabinetry, Casework, Plumbing Fixtures Unit 29 29- A227 NEW BATHROOM VANITY WITH INTERGAL SINK 1.00 EA 29- A229 PLASTIC LAMINATE WORK COUNTER 6.00 SF 29- A231 REINSTALL EXIST SS KITCHEN SINK 1.00 EA 13.000 Special Construction 14.000 Conveying Systems 15.000 Mechanical Diviblun 16.000 Electrical Unit 29 29- A218 NEW SWITCH TO BE INSTALLED AT 48" AFF 3.00 EA 29- D204 REMOVE & REINSTALL LIGHT FIXTURE 2.00 EA 29- D202 REMOVE OUTLET REINSTALL IN NEW LOCATION 3.00 EA 29- D204 REMOVE & REINSTALL LIGHT FIXTURE 2.00 EA IUIAL Hospitality 6.00 Cl — Capital improvement 4.00 DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 SEE LIST COLUMN A AL SALE PRICE 64 DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 DIVISION PHASE CODE XACT CODE CSI DESCRIPTION QUANTITY UNIT Division 0 00.000 Pre -construction Division 1 01.000 General Requirements/Mobilization Project Management Project Management -Travel and Perdiem 0.00 MO On -Site Supervision Temparory Facilities Portable Toilets 2.00 MO Construction Trailers Conex MO Temporary Fencing & Barricades LF Temporary Enclosures/ Partitions Interior Protection 1.00 LS Safety and Quality Inspections Mandatory 3rd Party Roof inspection EA 3rd Party Safety Consultant EA Aspostos testing 1.00 LS Equipment and Waste Disposal Equipment MO Fuel MO Delivery EA Waste Management Dumpster. 3.00 EA Warranty Division 2 02.000 Demolition Unit C29 C29- D203 REMOVE AND SALVAGE DOOR AND DOOR FRAME 4.00 EA C29- D205 REMOVE WALL FOR DOOR INSTALL 4.00 EA C29- D207 REMOVE & REINSTALL KITCHEN CABINET 1.00 EA DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 C29- D210 KITCHEN SINK &FAUCET 1.00 EA C29- D215 REMOVE EXIST CONCRETE SILL 1.00 EA C29- D222 REMOVE & SALVAGE KITCHEN CABINET 2.00 EA C29- D229 REMOVE EXISTING CARPET FLOORING 306.36 SF C29- D228 PROTECT TILE FLOORING 70.00 SF C29- D229 REMOVE EXISTING CARPET FLOORING 425.00 SF C29- D230 REMOVE TILE FLOORING 45.00 SF C29-D221 REMOVE & REPLACE EXISTING STUCCO 2.00 EA C29-D221 DETACH AND RESET BASE 410.00 LF Division 4 04.000 Masonry Division 5 05.000 Metals Division 6 06.000 Wood and Plastics Division 7 07.000 Thermal and Moisture Protection Division 8 08.000 Doors and Windows Unit C29 C29- A204 New Hollow Core Doors 1.00 EA C29- A205 36"x84" SWING DOOR W/FIXED FULL HEIGHT SIDELITE 1.00 EA C29- A207 ADA COMPLIANT EXT DOORTHRESHOLD 1.00 EA C29- A237 34"x80" INT. 6 PANEL HC DOOR 1.00 EA C29- A238 NEW 32"x80" INT. 6 PANEL HC DOOR 1.00 EA 29- Door Trim 160.00 LF 29- Door Hardware 5.00 EA Division 9 09.000 Finishes Carpentry / Drywall Unit C29 29- A220 PATCH&REPAIR EXISTING GWB AT DOORS 2.00 EA 29- A220 General Carpentry / Drywall Patch 1.00 LS Paint Unit C29 Paint All Walls 2,949.10 SF Paint Doors 8.00 EA Misc. Painting Allowance 1.00 LS Flooring Unit C29 DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 29- A240 EXISTING TILE CLEAN PATCH 60.00 SF 29- A241 Wood Laminate Flooring 380.00 SF D216 EXISTING CONCRETE TO REMAIN, REPAIR AS REQUIRED 68.00 SF Adjustments 1.00 LS vivis i ion 10.000 Specialties 11.000 Equipment Appliances Unit C29 Install Range and Refridgerator - Provided by Owner 2.00 EA 12.000 Furnishings Cabinetry, Casework, Plumbing Fixtures Unit C29 None 13.000 Special Construction 14.000 Conveying Systems 15.000 Mechanical 16.000 Electrical Unit C29 C29- D204 REMOVE & REINSTALL LIGHT FIXTURE 1.00 EA Hospitality 6.00 Cl — Capital improvement 4.00 SEE LIST COLUMN A 64 DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 AL SALE PRICE Envelone ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 !� o BIuSk restoration I renovation I environmental I roofing Proposal: Riverview Apartments I Unit Renovation Project I Friday, September 9t", 2021 Submitted to: cao EAGLE COUNTY Human Resources Presented by: Michael Clarke, Project Director Mobile: 970.319.3515 Corporate Office: 303.789.4258 Email: michael.clarke@_ oq blusky.com GREAT PL TO WORK° CERT gFIED usn ■ 0 DocuSian Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 DEAR RIVERVIEW APARTMENTS PREERVATION, LP, Thank you for allowing BluSky Restoration Contractors, LLC to compete for the unit renovation at the Riverview Apartment community. We understand the importance for your team and owners in awarding projects of this size to the best and most qualified contractor. BluSky Restoration, LLC's Gypsum, CO office is a cornerstone to the Eagle County Community and is involved in community events ranging from trail building, volunteering every year at the Salvation Army in Avon during the holidays, sponsoring community concerts in Vail and many more philanthropic initiatives. Our local based team living across Eagle County, enjoy engaging in community events and pastimes. Our highly trained team of experts are experienced in working in the Eagle County area and all faucets of completing a successful project in Eagle County. While BluSky is very competitive in the multi -family restoration space, we encourage you to consider value in addition to price as your team decides on the best fit in choosing your contractor. You will be working with a complete team of professionals that understand resident impact in occupied communities. Below are some of the reasons we feel we are qualified to perform this project and bring increased value to your team. • We are experts at working in occupied space, as this has been our primary focus for 15 years. Our performance and reputation have allowed BluSky to grow into one of the largest restoration general contractors nationwide. • Our defined Communication Plan gives your team the information to understand progress, challenges, etc., as we progress through the project. On site supervision and communication allows you and the occupants to continue uninterrupted daily activities. • We provide 3rd Party Safety Oversight to ensure our crews are following safety protocol and laws, helping to prevent risk for our crews and your residents. As you review our proposal documents, please feel free to reach out to me or our team with questions regarding the above items or other. We appreciate your consideration and look forward to working with you. Kind Regards, Michael Clarke Project Director BluSky Restoration Contractors, LLC DocuSian Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 PROJECT INCLUSIONS, EXCLUSIONS, AND SPECIFICATIONS PROJECT SPECIFICATIONS: Complete building access during normal business hours Monday — Saturday 7:00 AM — 5:30 PM Onsite staff will provide parking pass or spaces as needed for BluSky Team and Subcontractors. Onsite staff will provide notifications to residents as necessary when BluSky will be performing work. The facility will allow access to electrical power and water as needed by the contractor. PROJECT INCLUSIONS: BluSky will provide all material, labor, tools, and equipment as required for the 4 units and Community Center entrance re -model of the Riverview Apartments in Avon, Colorado. n Pricing based on: o REQUEST FOR PROPOSALS FOR UNIT RETROFIT AND RENOVATION TO ADA SPECIFICATIONS AT RIVERVIEW APARTMENTS PRESERVATION, LP dated August 10,2021 o RIVERVIEW APARTMENTS ACCESSIBLITY CONVERSIONS A2, A4, B17, + C29 UNIT RENOVATIONS CD SET - dated 03/09/2021 GENERAL CONDITIONS Supervision OSHA compliance a 1 year installation warranty on all work done by BluSky • Remodel of 4 apartment units per the referenced documents. • Weekly onsite production meetings to review schedule for the coming week. All materials to be installed according to manufacturer's specifications. • All work to be done in a substantial workman like manner and to comply with all safety standards. • All debris created on this project will be picked up and legally disposed of prior to completion. PROJECT EXCLUSIONS: All electrical work other that what is shown on drawings. Exclude all furniture and artwork relocation. • This proposal does not include repairs or remediation relating to structural members, mold, termite damage, and common areas unless detailed in the scope of work. • All permitting and engineering cost (to be passed through with 0&P). • Excludes any code upgrades that may be required by the municipality. BluSky Restoration is not responsible for making any site conditions or improvements ADA compliant unless specifically related to plans or as directed by the customer to do so. Any changes to material specifications may result in a written change order. Excludes security of site during non -working hours. Excludes any damages to asphalt, sidewalk or landscaping due to dumpsters or equipment use; all reasonable measures will be taken to prevent damage. Excludes any repairs beyond those specifically listed above. DocuSian Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 PROJECT PRICING. BluSky proposes to complete the scope of work outlined above: Unit C29: $33,720 per unit x 3 units: $101,160 "Typical Unit": $33,720 per unit x 1 unit: $ 33,720 Contengency for unforeseen items $15,000 Option # 1 Unit C29 $9,069 Option # 2 "Typical Unit" $4,061 Total Price $163,010 Option #1 Unit C29: Remove existing carpet and tile and replace with wood laminated flooring: $3,023 / unit (3) Option #2 "Typical Unit": Remove existing carpet and tile and replace with wood laminated flooring: $4,061/unit (1) This price is good for 15 days from proposal date, after which BluSky reserves the right to reprice scope of work to current market conditions. DocuSian Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 COMMUNICATION PLAN Successful communication is the cornerstone for the success of any restoration or renovation project. At BluSky it is our goal and duty to keep your team informed and updated on the progress/status of your project. Our Project Management Team uses our web -based job management system, Restoration Manager, to produce timely updates and communication, along with other project specific forms and reports. These are sent to all of your requested stakeholders — Owners, Managers, Investors, etc.... This professional and consistent communication will support all of the activities and billings for your project, providing vital information for insurance records and claims personnel. REPORT INFORMATION PROVIDED TO YOUR TEAM — DAILY AND WEEKLY • Pre -construction Meeting — Meeting with all client stakeholders and BluSky project management personnel on site prior to starting the project detailing all specifics, goals and impact points. • Daily Progress Updates — Project Manager/Director — web generated email detailing work activities performed that day. It also reports when the next project check-up is scheduled. Project specifics will dictate the need of daily reporting. • Daily Progress Summary — Project Manager — this report is completed on the job site by Project Super - intendants or Project Managers, detailing work performed, and tasks completed. Project specifics will dictate the need of Daily Progress Summaries. Weekly Meeting —This is a weekly meeting/(conference call for phone attendees), usually at a consistent standing time for all client stakeholders and project management personnel, on site. n Weekly Update — Project Manager/Director — This report summarizes the work performed throughout the week and states the goals for the upcoming week; it will usually report the physical weekly meeting discussion, too. Other items the Weekly Update will report: o Schedule status and upcoming schedule o Goals and needs from client o Issues or concerns L I - Project Close-out Meeting — Both teams meet to sign off on completion of a successful project. BluSky understands the important part we play in providing your team and stakeholders the relevant information and documentation you need to report to your owners, investors and insurance/claims parties. We are confident in the professionals we hire and the processes we implement to give you the best project management and service in our industry. Following are examples of these reports you will see on our projects. DocuSian Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 SAFETY PLAN As one of the nation's largest commercial Restoration General Contractors, BluSky understands that safety for our employees, clients and trade partners is paramount. We will provide the best possible work conditions to all employees, clients and partners. We have developed an OSHA accepted Safety Program and we have met the fundamental requirements that OSHA enforces with their workplace inspections. One of our Best Practices is performing Daily Morning Safety Briefings with all of our Workers. Safety meetings are documented and conducted with a new topic every day. All Employees are required to sign in and out of each meeting everyday BluSky Produces Job Hazard Analysis sheets (below) to identify any risks to our safety program. This publication is conducted multiple times a week in order to keep our safety awareness up to speed with the changes in the project dynamics. This outlines identifying hazards, remediation techniques, routes to closes urgent care and other processes to reduce safety risk. �R WL w9EAli RGWpy�fE lbRS/3ER AIffiFLQEORAiI QiJI]IIYL4 [hlM1HJ161Hffi . 'AIELIFE VNISIYEMIlY�1Vld OWM am9eaemx: mws�m �ync.mr,l� titiw. ryom u.i°�Y�a�lamval LM� �IIa�[Cem ofGapmoa:Hm[easw II5�5i 9.i ] T ]e9� N£ 11° Sfl LS-013 TYmk R'. L'r� Cme o: Gvrma cLl be9¢ezhlah �J,fmmial HespHW oEPms Ce01,.- Ikx rn m LS.ii'9. i mil. ®). Dm��a NE 13LSL'LS-03? hwY 0.'. Cv �m Ma�smN mhea l blad. leueti sx l6e almaoru of w.0 F1mRu.... ..� !N&uSkY we QabAwa, Jvh Nar.e fAtardre de}rrafujd: Johlil��PY rio.x I.a�tisll�sg f �� r�co) �urvro.eea.. �� +�.ma rrwtn �u Hare. r�.am.a swa _ - .r rnn ❑ � .>u ❑c.>o.. .. ❑w��..�.,cr«.,a. o.,r.vr we.�u. Eaimw, ibmew stl.nwm..rrr.eu ❑Er .'yavami2IHlV.era ❑NWpiTCYNa. �AovaN �Gf1x 4p�rr OMB ❑ am.non W o ❑��,� oHor p,a E. .�,a��r�. ru ay *m. OA ❑B pC o 06 �� o y ❑�. ❑�.. ° w-W.n.essawa rrm ❑- rent/ xq ❑ M �H8 B &wary. woaw poer�SarHe Pcm eomiv ❑WwA' .aabwy.bawaa•zrru. ° ❑. 9 nIXryr.e:n2525 NNtlwv.'! pYrre! ass er.s..rrry ❑w y0 k�wy'.bfhNlli.irPEar.nP<avr�en �YWer I aVar Y�x' OYrf6� - ��... s.iadrsw.�lfMlnw�.*wrY ❑x, yVx:.'^eY ywe..er..H•., ❑w tivrwMwn 4nm %ee Carw"- fww w ywm. r~..a+rrH.,.xnm.: ww sew `_'_ram In addition to having established a complete safety plan since the inception of our company, BluSky has chosen to proactively partner with a third -party safety consulting firm, SFI Compliance. They act as a neutral and certified consultant in several capacities outlined below. The following safety sections detail both how we work with SFI Compliance in a current and job -specific setting, and then we define the complete safety training manual for our employees. DocuSian Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 SFI COMPLIANCE DUTIES Onsite Evaluations (Inspections) � i ACOMPLIANCE SFI Compliance will provide on -site evaluations to our customers through work place inspections. These evaluations are pre -planned; however, the client has the ability to adjust the frequency of the evaluations due to exposure or needs. Most evaluations are performed with random or un-announced visits to help ensure that we see actual jobsite working conditions and what is happening out in the field, similar to how OSHA would show up on the jobsite. SFI looks for OSHA related issues where there would be a potential to receive OSHA fines, as well as any unsafe work practices to assist in reducing injuries or illnesses. Documentation of any potentially dangerous activities is left on -site allowing our customers the ability to correct the jobsite issues. Within 48 hours of the evaluation, copies of the on -site documentation is sent to provided email addresses, allowing upper management, or office personnel the ability to see what is occurring on the job, and make the necessary changes to policy and procedures. Tool Box Talks SFI Compliance provides the information needed to conduct companywide tool box talk meetings. OSHA requires that companies have regular Safety Meetings to communicate safety, and address any potentially new job related conditions or new issues. Our clients use the information provided to help bring up the issues that matter to them and allowing clients to have the ability to select from a variety of topics. With the provided information the workers are kept up to date with the changes that are made with OSHA as well as their current employer. SFI can conduct and hold the meeting for our clients, or simply help by providing the information to our customers to allow them to discuss the issues at their leisure. Safety Meetings/Pre-Construction Meeting SFI Compliance can hold safety meetings on the job -site or in an office setting to discuss site specific issues that will arise on any given project. When holding these meetings, the client brings in the necessary contractors to allow them to address any of their concerns pertaining to the scope of work, addressing what the scope of work will require in order to allow the subcontractor to complete the task safely. This is achieved with Task Hazard Analysis or better known as Job Hazard Analysis. Pre -construction meetings are essential to providing the best work practices that will be used to provide the safe conditions that our clients are known to provide on all projects. Safety Training Training is a major part in any safety program. SFI Compliance provides a variety of safety training, from a true formal setting, or where the classes may be held on the jobsite to address the particular workers and areas that are a concern. SFI encourages our clients to be proactive about the training that they provide. A trained worker is typically a worker who can avoid an unknown issue if it were to arise. OSHA will write citations for failure to provide training to workers in most areas of construction; consequently, it is a top 10 cited issue with any topic that OSHA enforces. SFI provides training at a top level, recognized by leaders in the safety training world. Our clients have the ability to schedule a variety of topics to include: OSHA 10 and 30 Hour Courses (must have an authorized Outreach Trainer Status-SFI is approved facility) CPR/First Aid Safety w/Defibrillator, Fall Protection, Scaffolds, Electrical, Hand and Tool Safety, Crane Awareness, Excavations, Confined Spaces, Hazard Communication, OSHA Orientation, Evacuation Drills, and many more. DocuSian Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 Incident/Accident Investigation SFI Compliance will provide Incident/Accident Investigation if needed for our clients. When a person gets hurt, typically, there was a cause for the injury that may have been a preventable instance. Our clients are always persuaded to follow up any incident with an investigation to stop a re -occurrence. As a third -party consultant, most contractors/sub-contractors who had an occurrence are less reluctant to omit any of the pertinent information about the incident, allowing our clients to get a better picture of what truly happened, and the ability to set new policy into place to protect all workers. The incident/accident reports also give our clients required documentation for insurance and other legal issues if it happens to go that direction. OSHA Representation SFI Compliance will provide OSHA related representation for any OSHA Inspection, OSHA Informal Conferences, OSHA legal matters (professional witness), OSHA Follow Up, or simply OSHA questions. SFI Compliance has an established reputation for being a leader in providing acceptable safety work programs for our customers and this has been recognized by OSHA. With OSHA knowing that SFI is a reputable company, the inspection process for our customers is a process where our clients have less confusion about what is happening, as well as comfort in knowing that the inspection is going in an appropriate direction. If ever a citation is received, SFI will provide information about the steps that can be taken to resolve the issue, such as payment options, or setting an informal conference, or even contesting the citation if the issue has no legal precedent or standard. Record Keeping SFI Compliance maintains all copies of any work provided to any customer for at least 10 years. SFI will take and maintain any and all Inspection, Accident, Training, and Specification Sheets as provided by either SFI or our clients. All paper copies of any documents are maintained for 5 years. Documentation requested from previous to that time period would be provided in a digital format (from scanned documentation). SFI provides a centralized location where all safety documents can be researched quickly, and for our customers by maintaining the system here at SFI, making information that can be acquired quickly when called upon. Our goal is to ensure that work happens promptly, successfully, and most of all safely. Keeping workers and employers happy, safe, and efficient is a primary concern to BluSky and SFI Compliance. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 CASE STUDIES DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 �! Pr BIUSk restoration I renovation I environmental I roofing SUCCESS STORY I renovation BURLINGAME RANCH LOCATION: Aspen, Colorado JOB SIZE: $1.7 Million SERVICES: HOA Pre/Post-Litigation TIMEFRAME: 3.75 Years PROJECT: Cementitious siding deficiencies caused by an original build construction defect across this community required pre and post litigation services for the HOA. It was found that 20 of their 85 townhomes needed repair. CHALLENGES: ❑ver the 33 months of litigation, the HOA changed Presidents twice. Pressure was continually brought to bear on proper legal and cost documentation. Tight buildings, traffic and variable terrain negated ability to use man lifts for 2nd and 3rd floor exteriors. 176" average annual snowfall plus common rains made soil inconsistent and timeframes to construct very tight. Agitated homeowners just wanted the situation fixed, without special assessment. RESULTS: Nu5ky forensic engineers and legal team worked tirelessly for almost three years to obtain outcomes needed within the HOA's initial targeted budget. Preconstruction planning took just three months with a fast -track production completion time of just nine, with all deadlines met and limited punch items. In spite of the scaffolding required, noise and duration of the project — valuable rapport with the residents, their guests and HOA members was continually heightened. REFERENCES: ❑on Taylor — HOA Board Kade Gromowski — Pie Engineering Consulting SOON DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 K. Pr BIUSk restoration I renovation I environmental I roofing SUCCESS STORY I restoration VAIL MANAGEMENT LOCATION: Avon, Colorado JOB SIZE: $2.4 Million SERVICES: Fire Reconstruction TIMEFRAME: 8 Months PROJECT: A fire caused smoke and structural damage to this 22-unit condominium requiring an extensive rebuild. CHALLENGES: The client dismissed a previous contractor after seven months due to inadequate performance before contacting BluSky for help. Multiple owners and HOA board members were understandably wary of engaging a new contractor due to their initial experience. Residents had to be displaced for a second time when BluSky commenced work in order to address lingering smoke damage in all units. Owner upgrades, custom layouts, a variety of finishes and unforeseen conditions in this decades ❑ld facility amplified project complexity. As a seasonal resort destination, owners were anxious to have their units ready before high season arrived with associated housing and rental shortages. RESULTS: BluSky established trust and sound relationships with each owner by exceeding expectations. • Upon discovering additional damage while performing mitigation, BluSky addressed the changes while keeping all work on schedule • Rather than having to wait for work to conclude for the entire building, owners were able to move back in over a two -month period as each section was completed • Crews wowed clients with their care and extra touches including hanging shelves, door locks, etc. leaving 22 homeowners, the HOA board and management company completely delighted REFERENCES: "Fantastic! Thanks s❑ much BluSky for all of your help! Please convey to the big bosses the only mistake that was made from both a unit owner and an HOA board member's perspective was not hiring BluSky the day after the fire." Brad Maxwell — HOA Board Member & Homeowner y.• 888.882.5875 goBluSky.com DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 REQUEST FOR PR OPO S AL PROPOSAL FOR11 THIS PROPOSAL FORM MITST BE SUBIIITTED WITH YOUR PROPO SAL TO: Riverview Apartments Preservation, LP 500 Broadway Post Office Box 850 Eagle. CO 81631 Re- Ri t erview Accessible Unit Retrofit and Renovation The widersigoed, having examined the Instnictions to Proposers and any and all dociunents related to the above referenced RFP: (a) Agrees to comply with all conditions, regwements_ and instnictions of the Request for Proposal as stated or ni nplied therein; (b) Acknowledges the right of R,NP Mi its sole discretion to reject any or {all proposals submitted, and that an award may be made to a respondent even though not the loxvest cost; (c) Acknowledges and agrees that the discretion of RAP in selection of the successful respondent shall be final. not subj ect to review or attack: and (d) Acknowledges that this proposal is inade with full knowledge of the foregoing and full agreement thereto. By subiiiission of this proposal_ and signature below, the respondent acknowledges that he or .she his the authority to sib this Proposal Form and bind the company married below. The proposer further aclmowledges that RAP has the right to make any ingi* or InVestigration it deems appropriate to substantiate or supplenient information contained in the prop al and related documents, and authorizes release to RAP of any and all infoaniation sought in such inquiry or investigation. C'ouapany Name_ Blu ky Resotration Contractors, LLC Title of Proposer_ Project Director Signature of Proposer- v4L DocuSian Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 REFRENCES: VMana Aguilar- 303-371-2400 Bridge Properties Mellissa Schultz- 801-716-5771 Bridge Properties Jill Harrison — 303-357-3755 LMC LEGAL ISSUES: BluSky Restoration, LLC's Gypsum, CO office has not experienced any legal issues on projects currently or in the last 3 years. MM■■ DocuSian Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 Thank you for this opportunity. If you have questions of any kind please feel free to contact me at: Mobile: 970.319.3515 Corporate Office: 303.789.4258 Email: michael.clarke@aobluskv.com Kind Regards, Michael Clarke Project Director BluSky Restoration Contractors, LLC Pr 111114 BluSk restoration I renovation I environmental I roofing BluSky Corporate Headquarters, Denver Area 19767 East Easter Avenue, Centennial, CO 80112 1 P 303.789.4258 1 F 303.789.4759 DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1 E57188 EXHIBIT B INSURANCE CERTIFICATES 10 DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 A� o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) I 09/16/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services west, Inc. Denver Co office CONTACT NAME. (/C.No. Ext): (303) 758-7688 ((A No ); (303) 758-9458 E-MAIL ADDRESS: 1900 16th Street, suite 1000 Denver Co 80202 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Zurich American Ins CO 16535 Blusky Restoration Contractors, LLC 9110 East Nichols Avenue Suite 180 INSURER B: Lloyd's syndicate No. 1458 AA1120102 INSURER C: Centennial Co 80112 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570089165453 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY ENVP 4 1 4 1 10410112022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED $100,000 PREMISES Ea occurrence MED EXP (Any one person) $ 5 , 000 PERSONAL& ADV INJURY $1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2 , 000, 000 POLICY � PRO F LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY BAP 3029532-01 04/01/2021 04/01/2022 COMBINED SINGLE LIMIT Ea accident $5,000,000 BODILY INJURY ( Per person) A1NYAUTO X BODILY INJURY (Per accident) X OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE Per accident ONLY AUTOS ONLY B X UMBRELLA LIAB OCCUR ENVX000020021 04/01/2021 04/01/2022 EACH OCCURRENCE $15,000,000 EXCESS LIAB H CLAIMS -MADE AGGREGATE $15,000,000 DED RETENTION A WORKERS COMPENSATION AND wc302953101 04/01/2021 04/01/2022 X I PER STATUTE I OTH- ER EMPLOYERS' LIABILITY Y/ N E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ❑ N /A 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 Env CPL/Prof ENVP000024821 04/01/2021 04/01/2022 Per Occurrence $1,000,000 Pollution Liab DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Riverview Apartments Preservation, 39169 Hwy. 6&24, Avon, Co. 81620 is included as Additional Insured in accordance with the policy provisions of the General Liability and Pollution Liability policies. General Liability and Umbrella Liability policies evidenced herein are Primary to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability, Automobile Liability and workers' Compensation policies. Umbrella Liability policy is excess follow form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Riverview Apartments Preservation AUTHORIZED REPRESENTATIVE 39169 Hwy. 6 & 24 Avon Co 81620 USA N m Lo v m co 0 r u7 on ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 AGENCY CUSTOMER ID: 570000079106 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Insurance Services West, Inc. NAMEDINSURED BluSky Restoration Contractors, LLC POLICY NUMBER see Certificate Number: 570089165453 CARRIER See Certificate Number: 570089165453 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE I NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS OTHER B Env Contr Prof ENVP000024821 Prof Liab - Claims- Made 04/01/2021 04/01/2022 Each Claim $1,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 Endorsement Title Additional Insured — Owners, Lessees or Contractors — Completed Operations Amendatory Endorsement Named Insured Endorsement Number BluSky Restoration Contractors, LLC 022 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP000024821 04/01/2021 to 04/01/2022 GAP 10 04 6/1/2016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd's, London 04/01/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS AMENDATORY ENDORSEMENT Solely with respect to §I. COVERAGES, Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY the Policy is amended as follows: SCHEDULE Name of Additional Insured Person(s) or Organization(s) Location and Description of Completed Operations Where required by written contract All locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1. §III. WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or environmental damage caused, in whole or in part, by your work at the location designated and described in the schedule of this endorsement performed for that additional insured and that is included in the products -completed operations hazard. 2. Notwithstanding §VI. CONDITIONS, Paragraph I. Other Insurance, with respect to the insurance afforded to the additional insureds added by this Endorsement, this Policy shall be primary to, and non-contributory with, any other insurance available to that person or organization when required by written contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 Endorsement Title Additional Insured — Owners, Lessees or Contractors — On -Going Operations Amendatory Endorsement Named Insured Endorsement Number BluSky Restoration Contractors, LLC 017 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP000024821 04/01/2021 to 04/01/2022 GAP 10 28 6/1/2016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd's, London 04/01/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — ON -GOING OPERATIONS AMENDATORY ENDORSEMENT Solely with respect to §I. COVERAGES, Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY the Policy is amended as follows: SCHEDULE Name of Additional Insured Person(s) or Organization(s) Where required by written insured contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1. §III. WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or environmental damage caused, in whole or in part, by your work that is not included in the products -completed operations hazard. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 Endorsement Title Advice of Cancellation Amendatory Endorsement Named Insured Endorsement Number BluSky Restoration Contractors, LLC 008 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP000024821 04/01/2021 to 04/01/2022 GAP 10 07 6/1/2016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd's, London 04/01/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVICE OF CANCELLATION AMENDATORY ENDORSEMENT It is hereby agreed that §VI. CONDITIONS is amended by the addition of the following: In the event that we cancel this Policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this Policy's expiration date; 2. you are under an existing contractual obligation to notify a certificate holder when this Policy is canceled (hereinafter, the "Certificate Holder(s)") and have provided to us, either directly or through your broker of record, the email address of a contact at each such entity; and 3. we received this information after you received notice of cancellation of this Policy and prior to this Policy's cancellation effective date, via an electronic spreadsheet that is acceptable to us, we will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after you provide such information to us. Proof of our emailing the Advice, using the information provided by you, will serve as proof that we have fully satisfied our obligations under this Endorsement. This Endorsement does not affect, in any way, coverage provided under this Policy or the cancellation of this Policy or the effective date thereof, nor shall this Endorsement invest any rights in any entity not insured under this Policy. Triangle Mezzanine Fund, LLLP, A North Carolina limited liability limited partnership as Collateral Agent, I.S.A.O.A., A.T.I.M.A. 3700 Glenwood Avenue, Suite 530 Raleigh, NC 27612 Attn: James J. Burke ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-AOBF-33DFF1E57188 Endorsement Title Additional Insured Primary and Non -Contributory Amendatory Endorsement Named Insured Endorsement Number BluSky Restoration Contractors, LLC 013 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP000024821 04/01/2021 to 04/01/2022 GAP 10 05 6/1/2016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd's, London 04/01/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY AMENDATORY ENDORSEMENT Solely with respect to §I. COVERAGES, Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY, Coverage 1A - General Liability and Section 2. OTHER COVERAGES, Coverage 2A - Personal and Advertising Injury the Policy is amended as follows: SCHEDULE Name of Additional Insured Person(s) or Organization(s) Where required by written insured contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1. The person(s) or organization(s) shown in the Schedule above are insureds under §III. WHO IS AN INSURED Paragraph F. of this Policy subject to all of the terms and condition of such paragraph. 2. Notwithstanding §VI. CONDITIONS, Paragraph I. Other Insurance, with respect to the insurance afforded to the additional insureds added by this Endorsement, this Policy shall be primary to, and non- contributory with, any other insurance available to that person or organization when required by written contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 Endorsement Title Blanket Waiver of Subrogation Condition Amendatory Endorsement Named Insured Endorsement Number BluSky Restoration Contractors, LLC 012 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP000024821 04/01/2021 to 04/01/2022 GAP 10 30 6/1/2016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd's, London 04/01/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION CONDITION AMENDATORY ENDORSEMENT It is hereby agreed that §VI. CONDITIONS Paragraph O. Subrogation is deleted in its entirety and replaced with the following: O. Subrogation If the insured has rights to recover all or part of any payment we have made under this Policy, those rights are transferred to us and the insured shall not do anything to impair such rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. Any amounts so recovered by us shall be allocated first to the expenses incurred in such recovery prorated in accordance with each interested party's share in the total recovery, then to the insured to the extent of any Deductible it actually has paid and any payments it actually has made in excess of the applicable Limits of Liability, and last to us to the extent of our payment under this Policy. However, if the insured has waived rights of recovery against any person or organization in a written insured contract or agreement prior to a claim or loss, we also waive such right of recovery we may have under this Policy against such person or organization. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. AP 3029532-01 4/1/2021 4/1/2022 4/1/2021 30-380000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. U-CA-424-F CW (04/14) Page 1 of 6 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses U-CA-424-F CW (04/14) Page 2 of 6 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW (04/14) Page 3 of 6 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 K. Airbag Coverage The Exclusion in Paragraph 13.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant U-CA-424-F CW (04/14) Page 4 of 6 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04/14) Page 5 of 6 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04/14) Page 6 of 6 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 9 Blanket Notification to Others of Cancellation Z U RI C H or Non -Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP 3029532-01 4/1/2021 4/1/2022 4/1/2021 30-380000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW (01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4/1/2021 Policy No. WC302953101 Endorsement No. Insured gluSky Restoration Contractors, LLC Insurance Company Zurich American Ins Cc Countersigned by Premium $ WC124 (4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform Forms" DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non -renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non -renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non -renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non -renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non -renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non -renewal date; b. Negate the cancellation or non -renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4 / 1 / 2 0 2 1 Policy No.WC302953101 Endorsement No. Insured B1uSky Restoration Contractors, LLC Premium $ Insurance Company Zurich American Ins Cc WC 99 06 43 Page 1 of 1 (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. © 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved. DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 POLICY NUMBER: BAP 3029532-01 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: B1uSky Restoration Contractors, LLC Endorsement Effective Date: 4/1/2021 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or to which you are required to provide additional insured status or additional insured status on primary, non-contributory basis, in a written contract or written agreement executed prior to the loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 FORM MCS-90 Revised 01/05/2017 OMB No.: 2126-0008 Expiration: 01/31/2020 USDOTNumber: 2353671 Date Received: 2-15-2021 A Federal Agency may not conductor sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection ofinformation subject to the requirements ofthe Paperwork Reduction Act unless that collection ofinformation displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2126-0008. Public reporting for this collection ofinformation is estimated to be approximately 2 minutes per response, including the time for reviewing instructions, gathering the data needed, and completing and reviewing the collection ofinformation. All responses to this collection ofinformation are mandatory. Send comments regarding this burden estimate or any other aspect ofthis collection ofinformation, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Motor Carrier Safety Administration, MC-RRA, Washington, D.C. 20590. United States Department of Transportation Federal Motor Carrier Safety Administration Endorsementfor Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor CarrierAct of 1980 FORM MCS-90 Issuedto: BLUSKY RESTORATION CONTRACTORS, LLC of CO (MotorCarriername) Datedat SCHAUMBURG, IL on this (Motor Carrierstate orprovince) 15TH day of FEBRUARY , 2021 Amending Policy Number: BAP3029532-01 Effective Date:04101/2021 Nameof Insurance Company: ZURICH AMERICAN INSURANCE COMPANY Countersigned by: �►� "e (authorized company representative) The policy to which this endorsement is attached provides primary or excess insurance, as indicated for the limits shown (checkonly one): © This insuranceisprimaryandthecompanyshallnotbeliableforamountsinexcessof$1,000,000 foreach accident. ❑ This insurance is excess and the companyshallnot beliableforamountsinexcess 0- for each accident in excess ofthe underlying limit foreach Whenever required bythe Federal Motor Carrier Safety Administration (FMCSA), the company agreesto furnish the FMCSA a duplicate of said policy and all itsendorsements. The company also agrees, upon telephone request byan authorized representative of the FMCSA, to verifythatthe policy is in force as of a particular date. Thetelephone numbertocall is: Cancellation of this endorsement maybe effected bythe company orthe insured by giving (1) thirty-five (35) days notice inwritingto the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2)ifthe insured issubjecttothe FMCSA'sregistration requirements under49 U.S.C.13901, by providingthirty (30)daysnotice to the FMCSA (said 30 days notice to commence from the date the notice is received bythe FMCSA at its office in Washington, DC). (continued on next page) FORM MCS-90 Page 1 of 3 INTERNAL USE ONLY DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 FORM MCS-90 Revised 01/05/2017 OMB No.: 2126-0008 Expiration: 01/31/2020 DEFINITIONS AS USED IN THIS ENDORSEMENT Accident includes continuous or repeated exposure to conditionsor which results in bodily injury, property damage, orenvironmental damagewhich the insured neither expected norintended. Motor Vehiclemeans a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled ordrawn bymechanical power and usedon a highway fortransporting property, or any combination thereof. Bodilylnjury means i nj u ryto the body, sickness, or disease to any person, including death resulting fromanyofthese. Property Damage means damage to or loss of use of tangible property. The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance bythe insured, within the limits stated herein, as motor carrier of property, with Sections 29 and 30 of the Motor CarrierActof 1980and the rules and regulations of the Federal Motor Carrier SafetyAdministration (FMCSA). In consideration of the premium stated in the policyto which this endorsement is attached, the insurer (the company) agreesto pay, within the limits of liability described herein, anyfinal judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subjectto the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motorvehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to beserved bythe insured orelsewhere. Such insurance as isafforded, for public liability, does not apply to injuryto ordeath of the insured's employees while engaged in the course of their employment, or property transported bythe insured, designated as cargo. It is understood and agreed that no condition, provision, stipulation, orlimitation contained in the policy, this endorsement, or any other endorsementthereon, Environmental Restoration means restitution forthe loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by motor carrier. This shall include the costof removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. Public Liability means liability for bodily injury, property damage, and environmental restoration. or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured. However, all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement. It is further understood and agreed that, upon failure of the company to pay any final judgment recovered against the insured as provided herein, the judgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment. The limits of the company's liability for the amounts prescribed in this endorsement apply separately to each accident and any payment under the policy because of anyone accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident. (continued on next naciee) FORM MCS-90 Page 2 of 3 INTERNAL USE ONLY DocuSign Envelope ID: 8F68D8F4-33C9-47AC-A0BF-33DFF1 E57188 FORM MCS-90 Revised 01/05/2017 OMB No.: 2126-0008 Expiration: 01/31/2020 SCHEDULE OF LIMITS -PUBLIC LIABILITY Type of carriage Commodity transported January 1,1985 (1) For -hire (in interstate orforeign commerce, with a Property (nonhazardous) $750,000 grossvehicle weight rating of 10,000 or more pounds). (2) For -hire and Private (in interstate, foreign, or Hazardous substances, as defined in49CFR171.81 $5,000,000 intrastate commerce, with a gross vehicle weight rating transported in cargotanks, portabletanks, orhopper- of 10,000 or more pounds). type vehicles with capacities in excessof3,500water gallons; orinbulkDivision 1.1,1.2,and 1.3materials, Division 2.3, HazardZoneA,orDivision 6.1,Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantitiesofa Class7 material, asdefined in49CFR173.403. (3) For -hire and Private (in interstate orforeign Oil listed in 49 CFR 172.101; hazardous waste, $1,000,000 commerce, in any quantity; or in intrastate commerce, hazardous materials, and hazardous substances in bulk only; with a gross vehicle weight rating of defined in49CFR171.8and listed in49CFR172.101, 10,000 or more pounds). but not mentioned in (2)above or (4) below. (4) For -hire and Private (In interstate orforeign Any quantity of Division 1.1,1.2,or1.3material; any $5,000,000 commerce, with agrossvehicleweight rating ofless quantityof a Division 2.3, Hazard Zone A, or Division than 10,000 pounds). 6.1, Packing Group I, Hazard Zone Amaterial; or highway route controlled quantities of a Class 7 material as defined in49CFR173.403. *Thescheduleoflimits shown does not providecoverage.Thelimits shown inthescheduleareforinformation purposesonly. FORM MCS-90 Page 3 of 3 INTERNAL USE ONLY