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HomeMy WebLinkAboutC21-341 ECHDA Pacific Sheet 210DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND PACIFIC SHEET METAL, INC THIS AGREEMENT ("Agreement") is effective as of 10/18/2021 by and between Pacific Sheet Metal, Inc a Colorado corporation (hereinafter "Contractor") and Eagle County Housing and Development Authority, a body corporate and politic (hereinafter "ECHDA"). RECITALS WHEREAS, ECHDA desires the installation of a three -bar snow fence at asphalt shingle areas of approximately 70 feet, additional gutters and downspouts, deck scuppers and flashing extensions (the "Project") at the Two10 Apartments located at 210 Freestone Road, Eagle, Colorado (the "Property"); and WHEREAS, Eagle County is the owner of the the Property and has contracted with ECHDA to serve as the property manager of the Property; and WHEREAS, Eagle County has authorized ECHDA to contract on its behalf for maintaining, repairing or servicing the Property and any of the constituent parts of the Property subject to the approved operating budget for 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 Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and ECHDA in connection with the services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and ECHDA agree as follows: Services or Work. Contractor agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the services or work 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 October 31, 2021. 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. DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A ECHDA's Representative. 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' day of October, 2021. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. 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 ECHDA for such additional services in accordance with ECHDA'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 ECHDA 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 ECHDA 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. ECHDA shall compensate Contractor for the performance of the Services in a sum computed as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $13,917.00 of which $8,282.002 is covered in Exhibit A for the three bar snow fence and $5,635 is covered in Exhibit A.2 for additional downspouts, a deck scupper, gutters, and flashing extensions. 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 ECHDA. a. Notwithstanding the provisions of Exhibit A, payment will be made for 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 ECHDA may request. b. If, at any time during the term or after termination or expiration of this Agreement, ECHDA reasonably determines that any payment made by ECHDA to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from ECHDA, Contractor shall forthwith return such payment(s) to ECHDA. Upon termination or expiration of this Agreement, unexpended funds advanced by ECHDA, if any, shall forthwith be returned to ECHDA. ECHDA 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, ECHDA 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 ECHDA in accordance with a budget adopted by the Board of ECHDA 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: E32B305D-7A8D-4E71-8B33-9DCA522F798A 6. Subcontractors. Contractor acknowledges that ECHDA 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 ECHDA's prior written consent, which may be withheld in ECHDA's sole discretion. ECHDA 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 ECHDA has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by ECHDA 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 ECHDA. ECHDA 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 ECHDA, 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 ECHDA 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 ECHDA 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 ECHDA, its affiliated entities, successors or assigns, its elected officials, employees, agents, and volunteers. DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A 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 monies paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless ECHDA, and/or Eagle County and any of their respective officers, agents and employees against any losses, claims, damages or liabilities for which ECHDA and/or Eagle County 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 ECHDA and/or Eagle County for reasonable attorney fees and costs, legal and other expenses incurred by ECHDA and/or Eagle County 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 ECHDA and/or Eagle County to the extent that ECHDA and/or Eagle County 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 ECHDA and are to be delivered to ECHDA before final payment is made to Contractor or upon earlier termination of this Agreement. 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. ECHDA: 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 CONTRACTOR: DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A Pacific Sheet Metal, Inc. Attn: Lee Simms 80 Gemat Circle Rifle, CO 81650 Telephone: 970-401-0923 Email: Isimms@teampsm.com 11. Termination. ECHDA may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefore with seven (7) calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide ECHDA with all documents as defined in paragraph 9 hereof, in such format as ECHDA shall direct and shall return all ECHDA owned materials and documents. ECHDA 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 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 as it 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 ECHDA written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the 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 ECHDA has accepted or approved the 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 highest DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A 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 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. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of ECHDA. 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 ECHDA and Contractor except that of independent contractor. Contractor shall have no authority to bind ECHDA. h. 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. i. 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. Contractor shall not assign any portion of this Agreement without the prior written consent of ECHDA. Any attempt to assign this Agreement without such consent shall be void. k. 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. 1. 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. in. The invalidity, illegality, or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of ECHDA has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. 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. o. 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 DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A 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: https://www.uscis.ciov/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 ECHDA 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. e. 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, ECHDA may terminate the Agreement for breach of contract. If the Agreement is terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to ECHDA as required by law. g. ECHDA will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and ECHDA terminates the Agreement for such breach. [Rest ofpage intentionally left blank] DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY Doc Signed by: By: 1 B4AB8DB24124C6... Its: CONTRACTOR: FZ Signed by: By: Aaa& 77469DDKC5641A... Print Name: Joey Haack Title: VP DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES 10 DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A 1.68 Pacific Sheet Metal Inc. T4R400ING Post Office Box 70 Carbondale, CO 81623 970.963.6563 Phone 970.963.6564 Fax www.teampsm.com Eagle County Housing & Development Authority PO BOX 850 500 Broadway Eagle, CO 81631 970-471-9102 Attn: William Wright william.wright(&,,eaglecounty.us Manufacturing Warehouse, Yard 80 Gemat Circle Rifle, CO 81650 lsimmsgteampsm.corn Roofing Division Manager June 16, 2021 JOB NAME JOB ADDRESS Two 10 at Castle Peak Apartments 210 Freestone Road, CO 81631 We appreciate the opportunity to submit this proposal for the above referenced project based on pricing plans prepared by jvD dated June 10, 2019 and offer the following to define and clarify the scope of our proposal. Three -Bar Snow Fence at Asphalt Shingle Areas Per Sketch Provided 06/10/2021: Approx. 70 LF • Removal of two -bar snow fence. • Installation of three -bar snow fence. BASE BID: $8,282.00 Substrate Exclusion: Any damaged or deteriorated substrate will be replaced on a time and material basis. SNOW REMOVAL PRICING: $90.00/11R/MAN Roofing Exclusions: Snow and ice removal, demolition of any kind, horizontal and vertical waterproofing, interior flashings, window and door flashings, through wall flashings, all wood work other than that listed above, insulation other than that listed above, eave and valley snow and ice melt systems other than listed above, gutters and downspouts other than listed above, saw cutting, ice dams and damage caused by ice dams, liquidated damages, bonds, permits and fees, and all non -related metal sheet goods. Unless specifically noted above, there are no additional terms presumed to be included in this proposal. Progress billing to Owner/Contractor according to an agreed schedule shall be paid periodically based on percentage of work completed, within 30 days of submitting invoice. If retainage is required, it shall not exceed 10% of the total contract. Final payment shall be made no later than 30 days after completion of Pacific Sheet Metal's work. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alterations or deviation from above specifications will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Property owner to carry, fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Note: Due to continual price increases this proposal will be withdrawn if it is not accepted within 10 business days. Color selection is required upon proposal acceptance. Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above. Authorized Signature Page 1 of 1 Initial: DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A 1488 ROOFING Pacific Sheet Metal Inc. Post Office Box 70 Carbondale, CO 81623 970.963.6563 Phone 970.963.6564 Fax www.teampsm.com Eagle County Housing & Development Authority P.O. Box 850 500 Broadway Eagle, CO 81631 Attn: Kristen Degenhardt 970-328-3457 kristin.degenhardt(i ,eaglecounty.us william.wright(a),eaglecounty.us Manufacturing Warehouse, Yard 80 Gemat Circle Rifle, CO 81650 dave(&,teampsm.com Project Manager October 4, 2021 JOB NAME 72 JOB ADDRESS Two 10 at Castle Peak Apartments 210 Freestone Rd, CO 81631 We appreciate the opportunity to submit this proposal for the above referenced project based on our site visit and offer the following to define and clarify the scope of our proposal. Downspout Extension: to Include • Extend existing downspout to drain between the planters. • Install heat tape in new downspout. • Power for and connection of heat tape by owner. Collection Box at Deck Scupper: to Include • Fabricate and install a 3' wide collection to move the water off the walkway. Price: $729.00 Price: $255.00 Gutters at Decks 201 and 202: to Include • Furnish and install approx. 36 LF of 5" K-Style gutter with approx. 38 LF of 2" X 3" downspout. • Install heat tape in deck 202 gutter and downspout. • Furnish and install flashing extension from the existing flashing to the new gutter. Handrails to be removed and replaced by others. Power for and connection of heat tape by owner. Flashing Extension at Five Open Decks: to Include • Fabricate and install a 5" flashing extension to push the water past the lower decks. Price: $2,653.00 Price: $1,998.00 Permit fees will be billed at cost once determined by the Building Department. Substrate Exclusion: Any damaged or deteriorated substrate will be replaced on a time & material basis. SNOW REMOVAL PRICING: $90.00/HR/MAN Roofing Exclusions: Snow and ice removal, demolition of any kind, horizontal and vertical waterproofing, interior flashings, window and door flashings, through wall flashings, all woodwork other than that listed above, insulation other than that listed above, eave and valley snow and ice melt systems other than listed above, gutters and downspouts other than listed above, saw cutting, ice dams and damage caused by ice dams, liquidated damages, bonds, permits and fees, and all non -related metal sheet goods. Price Acceleration Provision: If there is an increase in the actual cost of the labor or materials charged to the Contractor is more than 5% subsequent to making this Agreement, the price set forth in this Agreement shall be increased without the need for a written change order or amendment to the contract to reflect the price increase and additional direct cost to the Contractor. Contractor will submit written Page 1 of 2 Initial: DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A 1,88 ROOFING Pacific Sheet Metal Inc. Post Office Box 70 Carbondale, CO 81623 970.963.6563 Phone 970.963.6564 Fax www.teampsm.com Manufacturing Warehouse, Yard 80 Gemat Circle Rifle, CO 81650 dave(&,teampsm.com Project Manager documentation of the increased charges to the Prime Contractor/Owner upon request. As an additional remedy, if the actual cost of any line item increases more than 10% subsequent to the making of this Agreement, Contractor, at its sole discretion, may terminate the contract for convenience. Material Availability Provision: Due to material shortages, customer may experience delays related to the inability to timely obtain material for this project. In the event of such a delay, Contractor shall notify customer, and customer agrees es to provide contractor with an extension of time for any delay attributable to the temporary inability to obtain materials. Unless specifically noted above, there are no additional terms presumed to be included in this proposal. Progress billing to Owner/Contractor according to an agreed schedule shall be paid periodically based on percentage of work completed, within 30 days of submitting invoice. If retainage is required, it shall not exceed 10% of the total contract. Final payment shall be made no later than 30 days after completion of Pacific Sheet Metal's work. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alterations or deviation from above specifications will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Property owner to carry, fire, tornado, and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Note: Due to continual price increases this proposal will be withdrawn if it is not accepted within 10 business days. Color selection is required upon proposal acceptance. Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above. Authorized Signature Page 2 of 2 Initial: DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A PACISHE-01 BRANDYH ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (M 7/28/20212021 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 Mountain West Insurance - Glenwood 201 Centennial St 4th Floor Glenwood Springs, CO 81601 CONTACT Brandy Held PHONE FAX (A/C, No, Ext): (970) 945-9111 (A/C, No):(970) 945-2350 AD RIESS: brandyh@mtnwst.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: The Cincinnati Specialty Underwriters Insurance Company 13037 INSURED INSURER B : Cincinnati Insurance Company 10677 INSURER C : National Union Fire Insurance Company of Pittsburgh, Pa. 19445 Pacific Sheet Metal Inc. INSURER D : Pinnacol Assurance 41190 PO Box 70 Carbondale, CO 81623 INSURER E : Westchester Surplus Lines Insurance Com an 10172 INSURER F: Intact Insurance COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD POLICY EXP MM DD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X CS00078367 1/1/2021 1/1/2022 ETORENTED PREMISES Ea occurrence PREMISES 100,000 $ MED EXP (Any oneperson) $ 2,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JERCOT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Perperson) $ ANY AUTO X EPP0517046/EBA0517046 1/1/2021 1/1/2022 OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ X Per OaccitleTnDAMAGE $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE BE087179771 1/1/2021 1/1/2022 DED X RETENTION $ 0 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A 4053382 1/1/2021 1/1/2022 X STATUTE X ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - Fes, EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 E Pollution G46848895004 1/1/2021 1/1/2022 Each Poll Condition 1,000,000 F Equipment Floater 7900241380003 1/1/2021 1/1/2022 Leased/Rented 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Eagle County Housing and Development Authority its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are included as Additional Insured with respect to General Liability, including Ongoing and Completed Operations coverage, if required by written contract. Eagle County Housing and Development Authority its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are included as Additional Insured with respect to Auto Liability, if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle Count Housing and Development Authority 9 Y 9 p Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 850 Eagle, CO 81631 AUTHORIZED REPRESENTATIVE �f ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus° BUSINESS AUTO XC+° (EXPANDED COVERAGE PLUS) ENDORSEMENT, WITH POLLUTION LIABILITY FOR COVERED AUTOS This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is replaced by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage'; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the Section II - Liability Coverage, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: C. Additional Insured by Contract b. For Hired Auto Physical Damage Coverage the following are deemed SECTION II - LIABILITY COVERAGE, A. to be covered "autos" you own: Coverage, I. Who is an Insured is amended to include as an insured any person or organi- (1) Any covered "auto" you lease, zation with which you have agreed in a valid hire, rent or borrow; and written contract to provide insurance as is af- (2) Any covered "auto" hired or forded by this policy. rented by your "employee under a contract in that individual "em- Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission. Page 1 of 5 DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A ployee's" name, with your per- mission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driv- er is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "accident"; b. The cost of repairing or replac- ing the damaged or stolen prop- erty with other property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently installed housing unit as de- scribed in Paragraph 2.a. above; or c. An integral part of such equip- ment. F. Pollution Liability Broadened Coverage for Covered Autos 1. Coverage a. Section II - Liability Coverage is changed as follows: (1) Paragraph a. of the "Pollutant" Exclusion (Section II - Liability Coverage, B. Exclusions) ap- plies only to liability assumed under a contract or agreement. (2) With respect to the coverage af- forded by Paragraph a.(1) above, Exclusion B.6. Care, Custody, or Control does not apply. 2. Limit of Insurance a. The Per "Accident" Limit is $25,000. The Per "Accident" Limit is the most we will pay for the total of all damag- es and "covered pollution cost or ex- pense" resulting from any one "acci- dent" covered by this endorsement. Subject to the limit for Pollution Lia- bility Broadened Coverage, the most we will pay for all "bodily injury", "property damage" and "covered pol- lution cost or expense" combined, resulting from any one "accident", is the Limit of Insurance for Liability Coverage shown in the Declarations. b. The Aggregate Limit is $25,000. The Aggregate Limit is the most we will pay for the sum of all damages and "covered pollution cost or expense" involving insurance provided by this endorsement. The Aggregate Limit applies separately to each consecu- tive annual period and to any remain- ing period of less than 12 months, starting with the beginning of the Pol- icy Period shown in the Declarations, unless the Policy Period is extended after issuance for an additional peri- od of less than 12 months. In that case, the additional period will be deemed part of the last preceding pe- riod for purposes of determining the Aggregate Limit. 3. Property Damage Liability Deductible The "Property Damage" and "Covered Pollution Cost or Expense" Liability Cov- erage Deductible is $500. The damages that would otherwise be payable under Section II - Liability Coverage for "prop- erty damage" and "covered pollution cost or expense" caused by any one "acci- dent" will be reduced by the "Property Damage" and "Covered Pollution Cost or Expense" Liability Coverage Deductible prior to the application of the Limit of In- surance provision. 4. Our Right to Reimbursement To settle any claim or "suit" we will pay all or any part of any deductible shown in this endorsement. You must reimburse us for the deductible or the part of any de- ductible we paid. Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission. Page 2 of 5 DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A 5. Definitions Section V - Definitions, D. "covered pol- lution cost or expense" is deleted in its entirety and replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory require- ment that any "insured" or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize, or in any way re- spond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on be- half of a governmental authority for damages because of testing for, monitoring, cleaning up, re- moving, containing, treating, de- toxifying or neutralizing, or in any way responding to or as- sessing the effects of "pollu- tants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollu- tants": a. Before the "pollutants" or any proper- ty in which the "pollutants" are con- tained are moved from the covered "auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured". b. After the "pollutants" or any property in which the "pollutants" are con- tained are moved from the covered "auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured". caused directly by such upset, overturn or damage. G. Who is an Insured - Amended Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollu- tants" not in or upon a covered "au- H. to", if: (1) The "pollutants" or any property in which the "pollutants" are con- tained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy, or would be an "insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and (2) The discharge, dispersal, seep- 2• Replacing the $250 Limit of Insurance for age, migration, release, escape reasonable expenses with $500 in (4). or emission of the "pollutants" is Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission. Page 3 of 5 DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A I. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, S. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. J. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own un- der this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. K. Rental Reimbursement SECTION III - PHYSICAL DAMAGE is amended by adding the following: We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. S. We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III - PHYSICAL DAM- AGE COVERAGE, A. Coverage, 4. Coverage Extensions. L. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. M. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. N. Loan or Lease Gap Coverage SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission. Page 4 of 5 DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or (2) Actual cash value of the stolen or damaged property. b. An adjustment for depreciation and physical condition will be made in de- termining actual cash value at the time of "loss". 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. O. Glass Repair - Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. P. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or 'loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. Q. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. R. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. 'Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. S. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. Section V - Definitions, H. "Insured con- tract", 1.c. is amended to read: c. An easement or license agreement; 2. Section V - Definitions, H. "Insured con- tract", 2.a. is deleted. Includes copyrighted material of ISO AA 292 01 16 Properties, Inc., with its permission. Page 5 of 5 DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A COMMERCIAL GENERAL LIABILITY CSGA 437 12 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - OPERATIONS AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured 2. If coverage provided to the additional in - any person or organization when you and such sured is required by a contract or agree - person or organization have agreed in writing ment, the insurance afforded to such ad - in a contract or agreement that such person or ditional insured will not be broader than organization be added as an additional insured that which you are required by the con - on your policy, but only with respect to "bodily tract or agreement to provide for such ad - injury", "property damage" or "personal and ditional linsured. advertising injury" caused, in whole or in part, B. With respect to the insurance afforded to by: these additional insureds, the following addi- 1. Your acts or omissions in the perform- tional exclusions apply: ance of your ongoing operations for the This insurance does not apply to: additional insured; 1. "Bodily injury", "property damage" or "per- 2. The acts or omissions of those acting on sonal and advertising injury�� arising out of your behalf in the performance of your the rendering of, or the failure to render, ongoing operations for the additional in- any professional architectural, engineer- sured; or ing or surveying services, including: 3. "Your work" performed for the additional a. The preparing, approving, or failing to insured and included in the "products- prepare or approve, maps, shop completed operations hazard". drawings, opinions, reports, surveys, If not specified otherwise in the written con- field orders, change orders or draw - tract or agreement, a person's or organiza- ings and specifications; or tion's status as an additional insured under this b. Supervisory, inspection, architectural endorsement ends one year after your opera- or engineering activities. tions for that additional insured are completed. The written contract or agreement must be 2. "Bodily injury" or "property damage" aris- currently in effect or become effective during ing out of "your work" for which a consoli- the term of this Coverage Part. The contract or dated (wrap-up) insurance program has agreement must be executed prior to the "bod- been provided by the prime contrac- ily injury", "property damage" or "personal and for/project manager or owner of the con - advertising injury' to which this endorsement struction project in which you are involved. pertains. 3. "Bodily injury", "property damage" or "per - However: sonal and advertising injury' to any em- ploy�ee of you or to any obligation of the 1. The insurance afforded to such additional additional insured to indemnity another insured only applies to the extent permit- because of damages arising out of such ted by law; and injury. Includes copyrighted material of ISO CSGA 437 12 13 Properties, Inc., with its permission. Page 1 of 2 DocuSign Envelope ID: E32B305D-7A8D-4E71-8B33-9DCA522F798A 4. "Bodily injury", "property damage" or "per- sonal and advertising injury' for which the Named Insured is afforded no coverage under this policy of insurance. C. With respect to the insurance afforded to these additional insureds, SECTION III - LIM- ITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Cov- erage Part, whichever is less. If no limits are specified in the written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of insurance are in- clusive of and not in addition to the limits of in- surance shown in the Declarations. D. With respect to the insurance afforded to these additional insureds, SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS, 4. Other Insurance is amended to include: Any coverage provided herein will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless you have agreed in a written con- tract or written agreement executed prior to any loss that this insurance will be primary. This insurance will be noncontributory only if you have so agreed in a written contract or written agreement executed prior to any loss and this coverage is determined to be primary. Includes copyrighted material of ISO CSGA 437 12 13 Properties, Inc., with its permission. Page 2 of 2