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HomeMy WebLinkAboutPHD Roof Doctors INC. & Oshkosh/ Fire Station Roof Repairs 12� L a Oshkosh CONTRACTOR AGREEMENT: ROOF REPAIRS OSHKOSH FIRE STATIONS 17,18 AND 19 THIS AGREEMENT, made on the 18TH day of JULY, 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PHD ROOF DOCTORS INC., 340 S MILWAUKEE STREET,FREDONIA WI 53021hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named,enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts,the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (FRANK SCARPACI,PROJECT MANAGER) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 htip://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (JON URBEN, GENERAL SERVICES MANAGER) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled ROOF REPAIRS OSHKOSH FIRE DEPARTMENT STATIONS 17 18 &19 and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project,providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than AUGUST 31, 2017 ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$4,732.70 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s)for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor,his agents or assigns,his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement,the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONTRACTOR/CONSULTANT �avwwn i e d.Iffla.A Yl QJI� � Qr 4�i• ��f�S�C�erl (Seal of Contractor (Specify Title) if a Corporation.) By_ rau�k �CarOD,.c,1 • �rotPrf�r �phb��r (Specify Title) CITY OF OSHKOSH By: --- Mark A. Rohloff, City Manager (W1 nes a 1 ..(mi w And:L",.` _,., J ,,/ .. � (W'tn ss) Pamela R.Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. `City . ttorney`' City Comptroller CITY OF OSHKOSH REQUEST FOR QUOTATION ROOF REPAIRS,OSHKOSH FIRE DEPARTMENT STATIONS 17,18&19 Page 1 of 1 QUOTATION DEADLINE IS 10:00 AM,THURSDAY,JULY 13,2017 From: (bidder's company name) We, the undersigned, propose to furnish all labor and materials to perform the roof repairs of Oshkosh Fire Department Houses 17, 18 & 19 per this RFQ. Any area of the proposal page left blank may be considered as a non-responsive bid. Addendum Acknowledgement We hereby acknowledge receipt of and have thoroughly examined the written Addenda(s) ' sued prior to the bid date in association with this project. These Addenda are numbered 91 A through f inclusive. We further understand that failure to fully list the numbers of all published ddenda may cause the City to reject this bid. If no addenda were issued for this project simply enter"N/A" above. Base Quote: (Base Quote Price-In Words) Date Submitted: Name of Company: HCl !CCA Submitted by: (name and title) c e'LC-(XtiI �1CIV � Email address: Address of Company: (wC_v%I�-� rectli��� W�, t� Phone: CAr—sc t -2-�,-L) QAZ- 39 : Ce-\i UkZ) gC8"-0.1 i Delivery and install in X U days after receipt of order Payment terms 24 1 ® DATE(MM/DD/YYYY) A6>D CERTIFICATE OF LIABILITY INSURANCE 7/ls/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CON PRODUCER NAMEACT Linda Famularo R&R Insurance Services Inc PHONEo (262)953-7227 aC A1C E t No:(262)953-7227 1581 E Racine Avenue E-MAILDRESS:linda.famularo@rrins. ADcom PO BOX 1610 - INSURER(S)AFFORDING COVERAGE NAIC# Waukesha WI 53187-1610 INSURERA:COntinental Casualty INSURED INSURER BAr ent— A Division of West Bend PAD ROOF Doctors Inc INSURER C: 340 S Milwaukee Ave INSURER D: INSURER E: Fredonia WI 53021 INSURER F COVERAGES CERTIFICATE NUMBER:17/18 Certs 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 ADOL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY IY MMIDDYYY X COMMERCIAL GENERAL LIABILITY 2090323806 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500 000 A CLAIMS-MADE X❑OCCUR PREMISES Ea occurrence $ X Blkt AI PNC/CNA75079XX 5/31/2017 5/31/2018 MED EXP(Any one person) $ 15,000 Per Proj Agg/Blkt WOS PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: CNA74705XX GENERAL AGGREGATE $ 2,000,000 PRO PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY�JET LOC $ POTHER: AUTOMOBILE LIABILITY 2084964409 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident _ X ANY AUTO BODILY INJURY(Per person) $ F' ALL OWNED SCHEDULED AUTOS AUTOS X B1kt AI PNC/CNA71527XX 5/31/2017 5/31/2018 BODILY INJURY(Per accident) $ XX NON-OWNED PeOPEaR'dent DAMAGE $ HIRED AUTOS AUTOS $ X UMBRELLA LIAB X OCCUR 2090323854 EACH OCCURRENCE $ 7,000,000 A EXCESS LIAB CLAIMS-MADE Blkt Al PNC/CNA75504XX AGGREGATE $ 7,000,000 DED X RETENTION$ 10 000 X 5/31/2017 5/31/2018 $ WORKERS COMPENSATION X PER OTH- STATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 4NIA B (Mandatory In NH) 1852152 5/31/2017 5/31/2018 E.L.DISEASE-EA EMPLOYEd$ _ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment 2090323806 5/31/2017 5/31/2018 $175,000$2,500 Ded Installation Floater $275,000$1,000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Roof Repairs, Oshkosh Fire Stations 17, 18 & 19 City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are additional insureds on a primary & non-contributory basis for General Liability including ongoing & completed operations, Auto Liability, and Umbrella Liability per forms above, all as required by written contract. 30 day notice of cancellation applies except for non-payment. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ci City: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903-1130 ---� Brad Stehno/C220 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 0014mt Product Name CMA Policy Form exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured's loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A Excess Follow Form Liability, the Named Insured and arty persofls or{ organizations rncly"ded as'an Insured under the•provisions ofi underlying insurance are Insureds and thein only for the same coverage, except for limits of rnsurance, afforded.'under such`underlying insurances B. With respect to the Coverage B - Umbrella Liability: 1. If the Named Insured is designated in the Declarations of this Policyas: a. an individual, the Named Insured and the Named Insured's spouse are Insureds, but. only with respect to the conduct of a business of which the Named Insured is the sole owner: b. a partnership or joint venture, the Named Insured is an Insured. The Named Insured's members, the Named Insured's partners, and their spouses are also Insureds, but only,with respect to the conduct of the Named Insured's business. c. a limited liability company, the Named Insured is an Insured. The Named Insured's members are also Insureds, but only with respect to the conduct of the Named Insured's business. The Named Insured's managers are Insureds, but only with"respect to their duties as the Named Insured's managers. d. an organization other than a partnership, joint venture or limited liability company, the Named Insured is an Insured. The Named Insured's executive officers and directors are Insureds, but only with respect to their`dutie's as the Named Insured's officers or directors. The Named Insured's stockholders are also Insureds, but:only with respect to their liability as stockholders. e. a trust, the Named In is an Insured. The Named Insured's trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following are also Insureds: a. The Named Insured's volunteer workers but only while performing duties related to the conduct of the.Named Insured's business. b. The Named Insured's employees, other than either the Named Insured's executive officers (if the Named.Insured is an organization other than a partnership, joint venture or limited liability company) or the Named Insured's managers (if the Named Insured is a limited liability company), but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business. However, none of these employees or volunteer workers are Insureds for: L bodily injury or personal and advertising injury: (a);to the Named Insured, to the Named Insured's partners or members (if the Named Insured is a partnership or joint venture), to the Named Insured's members (if the Named Insured is a limited liability company), to a co-employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured's business, or to the Named Insured's other volunteer workers while performing duties related to the conduct of the Named Insured's business; (b) to the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of paragraph (i)(a) above; Form No: CNA75504XX(03-2015) Policy No: POLSYM POLNUM Policy Form; Page: a of b Policy Effective Date: PTEFFDAT Underwriting Company: UWCOMP, UWADDR1 UWADDR2,UWCITY, UWSTATE UWZIP Policy Page:x of y 10 Copyright CNA All Rights Reserved. Product Name . CNA Policy Form b. the Insured notify the Insurer as soon as practicable of an incident if it involves: I. a demand against the Insured which exceeds 50% of any remaining applicable underlying limit; ii. any underlying insurance reserve or monetary exposure exceeding $500,000; or iii. any of the following: (a) brain damage, including but not limited to any neurological impairment of infants or adults and coma; (b) spinal cord injury, including but not limited to paraplegia or quadriplegia; (c) loss of any organ; (d) severe disfigurement, including but not limited to burns and amputations; or (e) death. c. if a claim is made against any Insured, the Named Insured: I. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim; ii. will immediately send the Insurer copies of any demands, notices, summonses or legal papers received in connection with the claim; iii. will authorize the Insurer to obtain records and other information; iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit; v. will assist the Insurer, upon its request, in the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B — Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. Form No: CNA75504XX(03-2015) Policy No: POLSYM POLNUM Policy Form; Page: a of b Policy Effective Date: PTEFFDAT Underwriting Company: UWCOMP, UWADDR1 UWADDR2, UWCITY, UWSTATE UWZIP Policy Page:x of y �I a Copyright CNA All Rights Reserved. I Product Name frCMA Policy Form With respect to Coverage A — Excess Follow Form Liability only, if: a. "the,Named Insured:has agteed In'wnting in a contract:or agreemenfi with a person or entity that; thi's insurance would b,e primary`and woultl:not+seek contnbution.from any other nst'tance _a e, Unde,rlymgansurance includes that person or entity as-an additional insured, and; c.i Underlying Insurance provides coverage on a,-prim ryand noncontri6utorybasls asrrespects t�iat'. person or,'entity,.= then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the, Insurer's rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or fora Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance,.and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the:, only Named lnsured;,and 2. separately to each Insured against whom a claim is made. U. Transfer of Interest Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer's reliance'on the Named Insured's representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The.Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights,of,recovery in a contract or agreement, and only if the contract or agreement: 1. is in effect or becomes effective during the policy period; and 2. -.was executed prior to loss. VII.DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the mean.ing_set'forth below. Form No: CNA75504XX (03-2015) Policy No: POLSYM POLNUM Policy Form; Page: a of b Policy Effective Date: PTEFFDAT Underwriting Company: UWCOMP, UWADDR1 UWADDR2, UWCITY, UWSTATE UWZIP Policy Page: x of y a Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for. A. unless paragraph B. below applies, 1. bodily injury, property damage,or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract;or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard;and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or N B. a higher limit of insurance than required by the written contract. N III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property 0 damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess,contingent or any other basis. However, if this insurance is required by written CNA75079XX(1-15) Policy No: 2090323806 Page 1 of 2 Endorsement No: 6 The Continental Insurance Co. Effective Date: 05/31/2017 Insured Name: PHD ROOF DOCTORS INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim;and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage;or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(1-15) Policy No: 2090323806 Page 2 of 2 Endorsement No: 6 The Continental Insurance Co. Effective Date: 05/31/2017 Insured Name: PHD ROOF DOCTORS INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA71527XX (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY A WRITTEN CONTACT OR AGREEMENT TO NAME AS AN ADDITIONAL INSURED 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. t m O a 0 0 N O O O N O O CNA71527XX(10/12) Policy No: Page 1 of 1 Endorsement No: Effective Date: 05/31/2017 Insured Name: PHD ROOF DOCTORS INC Copyright CNA All Rights Reserved.