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HomeMy WebLinkAbout2026-116-E-AMS-Brown Brothers Plumbing & Heating Co.-Library_Repair Fire Line at BackflowRevised 01/24 1 [Departmental Use Only] TITLE Library_Leak FY 2025-2026 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 2nd day of March, 2026, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Brown Brothers Plumbing & Heating Co., Inc, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1.Services a.Scope of Work. i)This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Repair Fire Line at Backflow at Main Library, underground leak. Please see attached proposal dated November 22, 2025 ii)By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii)Time is of the essence with respect to this Agreement. iv)The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2.Responsibilities of the Provider a.Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b.Standard of Care. i)The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Revised 01/24 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii)Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii)The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv)Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v)If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi)Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits, or addenda. vii)Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3.Basic Services Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Revised 01/24 3 a.Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Repair Fire Line at Backflow at Main Library. Please see attached proposal dated November 22, 2025 4.Duration of Services a.Term. The term of this Agreement shall be from 10/07/2025 to 11/08/2025. b. Scheduling of Services. i)The Provider shall schedule and perform its activities in a timely manner. ii)Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii)The Commencement Date for the Provider's Basic Services shall be 10/07/2025. 5.Compensation a.Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Fourteen Thousand Seven Hundred and Twenty Six Dollars ($14,726). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c.Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6.Responsibilities of the County a.Cooperation and Coordination. The County has designated (Paul Sorrell) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Revised 01/24 4 7.Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of NA (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8.Indemnity a.Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9.Amendments to the Agreement a.Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10.Termination a.Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b.Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Revised 01/24 5 obligations. c.Compensation After Termination. i)In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii)Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d.Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e.Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11.Additional Provisions a.Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c.Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Revised 01/24 6 and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d.Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e.Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f.Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g.Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h.Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Revised 01/24 7 of such limitation or change in County’s legal authority. i.Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Travis Myren Brown Brothers P.O. Box 8181 PO Box 15668 Hillsborough, NC 27278 Durham, NC 27704 [SIGNATURE PAGE TO FOLLOW] Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Revised 01/24 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Travis Myren By: __________________________________ Alex Stanford Printed Name and Title Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 3/6/20263/6/2026 Revised 01/24 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Brown Brothers Plumbing & Heating Co. Inc. Vendor Contact Person: Alex Stanford Phone: 919- 220-2554 Address: 2820 North Roxboro Rd City Durham State: NC Zip: 27704 Department: AMS Amount: $14,726.00 Purpose: Library_Repair Fire Line at Backflow Budget Code(s): 10240320-570000 Vendor # 35730 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 10/07/2025 End Date 11/08/2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: ) -Policy 9.4:Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Repair Fire Line at Backflow Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 3/3/2026 3/6/2026 3/6/2026 3/6/2026 Revised 01/24 10 Office of the Clerk to the Board __________________________________________Date:________ Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/30/2025 (919) 471-8222 (919) 471-6607 10844 Brown Brothers Plumbing and Heating Company, Inc. 2820 N. Roxboro Road Durham, NC 27704 10844 36161 A 1,000,000 PCP0000055 17 12/31/2025 12/31/2026 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A CAP0042875 15 12/31/2025 12/31/2026 10,000,000A MUB0004308 08 12/31/2025 12/31/2026 10,000 10,000,000 B AWC 0000022 17 12/31/2025 12/31/2026 1,000,000 1,000,000 1,000,000 C Pollution/Profess.PPK2690425-001 6/6/2025 Occ.5,000,000 D Crime (Includes Burg 106446766 1/20/2026 1/20/2027 2,000,000 Job: Orange County - 300 W. Tryon Street Orange County, North Carolina (owner) is additional insured per the attached forms. Orange County P.O. Box 8181 Hillsborough, NC 27278 BROWBRO-02 MKILLOUGH Diversified Insurance PO Box 15734 Durham, NC 27704 Builders Mutual Insurance Co. Builders Mutual- WC ONLY Philadelphia Ins. Company Travelers Property/Casualty General Agg. X 6/6/2026 X X X X X X X Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Diversified Insurance BROWBRO-02 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance SEE P 1 Brown Brothers Plumbing and Heating Company, Inc. 2820 N. Roxboro Road Durham, NC 27704 SEE PAGE 1 1 The following forms apply if required by written/executed contract, before loss: Additional Insured for General Liability Ongoing & Completed Operations and Primary & Non-contributory wording: CG7034(07/09), CG7024(03/09) and CG2001(4/13). Blanket Additional Insured applies to Contractors Pollution Liability for Ongoing & Completed Operations, when required by written contract. Designated Insured for Auto Liability: CA2048(10/13). Blanket Waiver of Subrogation for General Liability: CG7051(06/15). Blanket Waiver of Subrogation for Workers Compensation: WC 000313(04/84). Blanket Waiver of Subrogation for Contractors Pollution Liability. Contractors Pollution Liability: Aggregate $5,000,000 Self-Insured Retention $2,500. Contractors Pollution Liability: Includes Mold Liability at $5,000,000 limit. Contractors Pollution Liability: Mold deductible $2,500. Blanket Additional Insured on Automobile Liability, with Primary and non-contributory wording, per attached form CA3000(07/14). Umbrella follows form for General Liability, Automobile Liability and Workers Compensation. **Contractors Rented/Leased Equipment is $250,000 subject to a $1,000 Deductible. Effective 12/31/2025 to 12/31/2026 under policy number PCP000005517** Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B CG 70 34 07 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Except as otherwise stated in this endorsement, the terms and conditions of the policy apply to the insurance stated below. The following is added to the Commercial General Liability Coverage Form, Section II – WHO IS AN INSURED: 4.The person(s) or organizations(s) from whom equipment has been leased, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s), subject to the following additional exclusions: This insurance does not apply: a.To any “occurrence” which takes place after the equipment lease expires; b.To “bodily injury” or “property damage” arising out of the sole negligence of the person or organization from whom equipment has been leased. 5.The person(s) or organization(s) shown in the Declarations as mortgagee, assignee, or receiver, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition performed by or for that person or organization. 6.The person(s) or organization(s) from whom you lease property but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a.Any “occurrence” which takes place after you cease to be a tenant in that premises. b.Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization from whom you lease property. 7.The person(s) or organization(s) from whom land is leased but only with respect to liability arising out of the ownership, maintenance or use of that part of land leased to you. The following additional exclusions apply: This insurance does not apply to: a.Any “occurrence” which takes place after you cease to lease that land; b.Structural alterations,new construction or demolition operations performed by or on behalf of the person or organization from whom land has been leased. 8.Any state or political subdivision subject to the following additional provisions: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: a.The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b.The construction, erection, or removal of elevators; or c.The ownership, maintenance, or use of any elevators covered by this insurance. Brown Brothers Plumbing & Heating Co., Inc. PCP0000055 17 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 2 of 2 CG 70 34 07 09 9.Any architect, engineer or surveyor engaged by you but only with respect to liability arising out of your premises or “your work”. This insurance, with respect to such architects, engineers, or surveyors, does not apply to “bodily injury”, “property damage”, “personal and advertising injury” arising out of the rendering or failure to render any professional services by or for you including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field order; change orders, or drawings and specifications; and b.Supervisory, inspection, architectural or engineering activities. 10.Any person or organization other than an architect, engineer or surveyor, which requires in a "work contract” that such person or organization be made an insured under this policy. However, such person or organization shall be an insured only with respect to covered “bodily injury”, “property damage”, “personal and advertising injury” caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) only at the location designated by the “work contract” The coverage afforded to such person or organization does not apply to “bodily injury”, “property damage”, “personal and advertising injury” occurring after the earliest of the following times: a.When “your work” under the “work contract” (other than service, maintenance or repairs) has been completed. b.When that portion of “your work” under the “work contract” out of which any injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c.When our coverage for you under this policy or a renewal of this policy terminates and is not continued by other insurance provided by us. “Work contract” means a written agreement into which you enter for work performed by you or on your behalf. 11.Any person or organization to whom you are obligated by virtue of a written “insured contract” to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance, or use of that part of any premises or land leased to you. This does not apply to: a.Any “occurrence” that takes place after you cease to be a tenant on those premises, or cease to lease the land; or b.Structural alterations, new construction or demolition operations performed by or on behalf of such insured. SECTION V-DEFINITIONS The following is added: 23.“Work contract” means a written agreement into which you enter for work performed by you or on your behalf. Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Contractor’s Blanket Additional Insured Endorsement Products - Completed Operations-A 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 any person or organization when you and such person or organization have agreed in a written contract or written agreement that such person or organization be added to your policy, but only with respect to liability for “bodily injury” or “property damage” caused by “your work” performed for that additional insured and included in the “products-completed operations hazard”. When the named insured is required to add an additional insured on this policy, the written contract or written agreement must be: 1.Currently in effect or becoming effective during the term of this policy; 2.Executed prior to a “bodily injury” “occurrence” or “property damage” “occurrence” to which this insurance would apply; and 3.Between a Named Insured and the additional insured B.The insurance provided to the additional insured is subject to the following provisions: 1.That person or organization is an additional insured only for liability caused by your negligence specifically resulting from “your work” for the additional insured as detailed in the written contract or written agreement. 2.The Limits of Insurance (Section III) is amended to include: The limits applicable to the additional insured are the lesser of those specified in the written contract or agreement executed between you and the additional insured or in the Declaration of this Coverage Part, whichever is less. These Limits of Insurance are inclusive of, and are not in addition to, the Limits of Insurance shown in the Declarations and defined in Section III – Limits of Insurance. 3.The insurance provided to the additional insured does not apply to “bodily injury” or “property damage” arising out of the rendering of, or the failure to render any professional services by you or on your behalf, but only with respect to the following operations: a.Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b.Providing, or hiring independent professional firms to provide, engineering, architectural or surveying services in connection with construction work you perform. Professional services include: c.The preparing, approving, failing to prepare, approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and d.Supervisor or inspection activities performed as part of any related architectural or engineering activities. e.However, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CG 70 24 03 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 2 Brown Brothers Plumbing & Heating Co., Inc. PCP 0000055 17 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 4.The following replaces Exclusion l under 2. Exclusions of Section I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY l. Damage to Your Work This insurance does not apply to “property damage” to “your work” arising out of it or any part of it and included in the “products-completed operations hazard”. 5.When a written contract or written agreement requires coverage to be provided for “bodily injury” or “property damage” within the “products-completed operations hazard”, coverage will not apply to “bodily injury” or ”property damage” which occurs after: a.The period of time required by the written contract or written agreement; or b.Five years from the completion of “your work” on the project that is the subject of the written contract or written agreement. 6.Any coverage provided to the additional insured by this endorsement shall be excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis, unless the written contract or written agreement in effect during this policy period and executed by you prior to an “occurrence” specifically requires that the insurance be provided on either a primary or on a primary and noncontributory basis. 7.The insurance provided in this endorsement does not apply to “bodily injury”, or “property damage” arising out of “your work” for which a consolidated (wrap-up) insurance program has been provided by the prime contractor, project manager or owner of a construction project in which you are involved. 8.The following is added to SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit: e. An additional insured under this endorsement must comply with all provisions of this section. f. The company may audit or require a copy of the contract. CG 70 24 03 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 2 of 2 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B CG 70 51 06 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SUMMARY OF COVERAGE AND INDEX This is a summary of the various coverages provided by this form. No coverage is provided by this summary. This endorsement is subject to the provisions of your policy, which means that it is subject to all limitations and conditions applicable to the coverage forms attached to this policy unless specifically deleted, replaced, or modified herein. This endorsement is applicable only to those premises described in the Declarations. INDEX 1.Bodily Injury – Mental Anguish Included 2.Off Premises Care, Custody Or Control Coverage $25,000 3.Incidental Medical Malpractice Included 4.Amendment Of Insured Contract Definition Included 5.Liberalization Clause Included 6.Unintentional Failure To Disclose Hazards Included 7.Lost Keys Of Others $500 Occurrence/$1,500 Aggregate 8.Medical Payments $15,000 9.Broadened Mobile Equipment Included 10.Newly Formed Or Acquired Organizations Included 11.Non-Owned Aircraft Included 12.Watercraft Coverage Enhancement Included 13.Aggregate Limits Per Project Included 14.Personal And Advertising Injury - Electronic Publication Included 15.Property Damage Liability - Borrowed Equipment $25,000 16.Supplementary Payments (Bail Bonds) Enhancement $5,000 17.Damage To Premises Rented To You Limit $500,000 18.Knowledge Of An Occurrence, Claim, Or Suit Included 19.Voluntary Property Damage Coverage $5,000 Occurrence/$10,000 Aggregate 20.Waiver Of Transfer Of Rights Of Recovery Against Others Included 21.Duties In The Event Of Occurrence, Offense, Claim Or Suit Included 22.Primary And Noncontributory – Other Insurance Condition Included Brown Brothers Plumbing & Heating Co., Inc. PCP0000055 17 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 1.Bodily Injury (Mental Anguish) SECTION V – DEFINITIONS Paragraph 3. “Bodily injury” is replaced by the following: 3.“Bodily injury” means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 2.Off Premises Care, Custody, Or Control Coverage The following coverage is added: A.We will pay those sums that you become legally obligated to pay as damages because of "property damage" to personal property of others while in your or your "employees" care, custody, control, or real property of others over which you or your "employees" are exercising physical control if the "property damage" arises out of your business operations. This insurance applies to "property damage" only if: 1.The "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; 2.The "property damage" occurs during the policy period. This Coverage is also subject to the provisions of paragraphs B., C., D., and E. below. B.Exclusions The insurance provided by this Off Premises Care, Custody or Control Coverage shall not apply to: 1."Property damage" to: a.real property or premises owned, rented, operated, used or leased by you; b.personal property while such property was located at real property or premises described in a. above; c.any “auto” owned or operated by or leased to or rented by or loaned to: (1)your “employees”, (2)your subcontractors (3)your subcontractors’ employees (4)anyone performing work for or on behalf of your sub-contractors while such subcontractor is performing work on your behalf d.arising out of the ownership, maintenance, use or entrustment of any "auto”; e.“mobile equipment” leased or rented to you, or someone performing work on your behalf, under a short-term or long-term rental or lease agreement. f.property while it is being transported on, in, or upon any ”auto”, “mobile equipment”, watercraft, railcar or aircraft, including and during “loading or unloading.” g.premises you (sell) sold, gave (give) away or abandoned (abandon), if the "property damage" arises out of any part of those premises. h.“your work” arising out of it or any part of it whether or not “your work” was performed by you or performed on your behalf by a subcontractor; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 2 | P a g e Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B i.that particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. j.“your product”; or k.tools, “mobile equipment or any other equipment or machinery used in the construction trades that are: (1)owned by, (2)rented by, or (3)leased to, or (4)borrowed by any of your “employees,” your subcontractors or any person employed or hired by your subcontractors for or while performing work on your behalf. 2.Any claim or “suit” for “property damage” under this Off Premises Care, Custody Or Control Coverage that is also a claim for “loss” under Section 5. Voluntary Property Damage Coverage provided by this endorsement. 3."Property damage" included in the "products-completed operations hazard". 4.Any claim or “suit” arising out of the same “occurrence” where we also paid damages for “property damage” that an insured was legally obligated to pay under Coverage A (of Section I) 5.The cost of repairing or replacing: (a)Any of your work defectively or incorrectly done by you or by others on your behalf: or (b)Any product manufactured, sold, or supplied by you, unless the “property damage” is caused directly by you after taking delivery of the product or completion of the work and resulting from a subsequent undertaking. C.Limits Of Insurance – The most we will pay for "property damage" under this Off Premises Care, Custody Or Control Coverage is $25,000 for each "occurrence.” The maximum amount we will pay for the sum of all damages covered under this Off Premises Care, Custody, Or Control Coverage because of “property damage” during the policy period is an annual aggregate of $25,000 D.Deductible – We will not pay for "property damage" for any one "occurrence" until the amount of "property damage" exceeds $250. If a "property damage" deductible applies to any potential claim or “suit” for an “occurrence” under Coverage A (of SECTION I), that deductible shall apply if it is greater than $250. E.Your Obligations Under this Off Premises Care, Custody, or Control Coverage In the event of "property damage" covered by this Off Premises Care, Custody or Control Coverage you shall, if requested by us, replace the property or furnish the labor andmaterials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 3 | P a g e Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 3.Incidental Medical Malpractice SECTION II – WHO IS AN INSURED Subparagraph 2. Each of the following is also an insured: a.(1) (d) is deleted in its entirety and replaced as follows: (d)Arising out of his or her providing or failing to provide professional health care services. Exclusion 2.a.(1)(d) does not apply to nurses, paramedics or emergency medical technicians (EMS) if you are not in the business or occupation of providing any such professional services. 4.Amendment Of Insured Contract Definition SECTION V - DEFINITIONS Paragraph 9.a.c. and f. of the Definitions Section is replaced by the following: 9.“Insured contract" means: a.A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; c.Any easement or license agreement; f.That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. (1)This paragraph f. (1) is deleted. 5.Liberalization Clause If after the effective date of this Commercial General Liability Endorsement but before the end of the policy period, we file and receive approval from the appropriate insurance regulatory authorities to use a revised Commercial General Liability Endorsement, then any provision of this revised endorsement that provides increased or broader coverage for an insured without an additional premium charge, we will automatically provide such increased or broader coverage under this endorsement as of the day the revision is effective in your state(s) shown in the Declarations 6.Unintentional Failure To Disclose Hazards SECTION IV – GENERAL LIABILITY CONDITIONS 6.REPRESENTATIONS The following is added: d.Based on our dependence upon your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part solely on such failure. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 4 | P a g e Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 7.Lost Keys Of Others SECTION I – COVERAGES COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2.Exclusions: The following is added to j. (4) (4)This exclusion does not apply to the loss of or damage to keys entrusted to you in your ongoing business operations described in the Declarations. This coverage does not apply to “bodily injury” “property damage” or “personal and advertising injury” caused by misappropriation, secretion, conversion, infidelity or any act of dishonesty on the part of any Insured, employees, agents or subcontractors working on the insured’s behalf. SECTION III-LIMITS OF INSURANCE The following is added: 8.Lost Key Liability Limits The most we will pay under this insurance for the actual and necessary expense to re-key or to adjust locks to accept new keys or; if required, new locks including cost of their installation at the customer’s premises as a result of loss of or damaged keys entrusted to you by others is the limit of insurance shown below for this coverage:. $500 each occurrence $1,500 aggregate The aggregate limit is the most, subject to the each occurrence limit, we will pay for all claims for all expenses to which this insurance applies. Each occurrence and aggregate limits described above are the most we will pay regardless of the number of insured’s. The limits shown above are subject to and not in addition to the general aggregate limit shown in the Declaration of the policy. Claim payments made under these limits of insurance are part of and do erode the policy general aggregate limit of insurance shown in the declarations. 8.Medical Payments SECTION I – COVERAGES COVERAGE C – MEDICAL PAYMENTS The following is added: If Section I, Coverage C – Medical Payments is not otherwise excluded under this insurance, the Medical Expense Limit shown in the Declarations shall be the greater of: $15,000; or The amount shown in the declarations 9.Broadened Mobile Equipment SECTION V – DEFINITIONS Section V – Definitions Paragraph 12. f. (1) is replaced by the following: (1)Equipment designed primarily for: (a)Snow removal; (b)Road maintenance, but not for construction or resurfacing; or (c)Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 5 | P a g e Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 10.Newly Formed Or Acquired Organizations SECTION II – WHO IS AN INSURED Paragraph 3. and subparagraphs a., b. and c. are changed as follows: 3.Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision applies only until the 90th day after you acquire or form the organization or at the end of the policy period, whichever is earlier. b.Coverage A does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization; and c.Coverage B does not apply to “personal and advertising injury” arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, or limited liability company that is not shown as a Named Insured in the Declarations. 11.Non-Owned Aircraft The following is added to Subparagraph g. of 2. Exclusions of SECTION I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (6)An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by the insured. 12.Watercraft Coverage Enhancement Sub-paragraph (2) of paragraph g. Aircraft, Auto Or Watercraft of paragraph 2. Exclusions of Section I - Coverage A are replaced by the following: g. Aircraft, Auto, Or Watercraft (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge; 13. Aggregate Limits Per Project A.For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (Section I), and for all medical expenses caused by accidents under Coverage C (Section I), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1.A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to you, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Single Construction Project General Aggregate Limit Is the most we will pay for the sum of all damages under Coverage A, except damages because of 'bodily injury” or "property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a.Insureds; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 6 | P a g e Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B b.Claims made or "suits” brought; or c.Persons or organizations making claims or bringing "suits.” 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit of any other separate construction project away from premises owned by or rented to the insured. 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under Coverage A (Section I),and for all medical expenses caused by accidents under Coverage C (Section I), which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Single Construction Project General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of “bodily injury” or "property damage” included in the "products-completed operations hazard,” regardless whether such liability arose from: 1.any construction project from premises owned by or rented to you; or 2.any construction project away from premises owned by or rented to you will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. D.If a single construction project away from premises owned by or rented to you has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same single construction project. E.The provisions of Limits of Insurance (Section III) not otherwise modified by this endorsement shall continue to apply as stipulated. 14.Personal And Advertising Injury - Electronic Publication A.Sub-paragraphs b., d., and e of paragraph 14. “Personal and Advertising Injury” (of Section V–Definitions) are replaced by the following: b.Malicious prosecution or abuse of process; d.Oral, written, televised, videotaped, or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products, or services; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 7 | P a g e Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B e.Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; B.The following offense is added under the list of offenses under paragraph 14. “Personal and Advertising Injury” (of Section V – Definitions): h.Discrimination or humiliation that results in injury to the reputation of a person, but only if such discrimination or humiliation is: (1)Not done intentionally by or at the direction of: (a)An insured; or (b)Any "executive officer" director, stockholder, partner or member of the insured; and (2)Not directly or indirectly related to the employment, prospective employment, or termination of employment of any person or persons by any insured. C.Sub-paragraphs b. Material Published With Knowledge Of Falsity and c. Material Published Prior To Policy Period of paragraph 2. Exclusions of Section I – Coverages. Coverage B - Personal And Advertising Injury Liability are replaced by the following: b.Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c.Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first utterance, publication, or broadcast took place before the beginning of the policy period; 15.Property Damage Liability - Borrowed Equipment The following is added: “Property Damage“ to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for “property damage” to any one borrowed equipment item under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, and contingent or on any other basis. 16.Supplementary Payments (Bail Bonds) Enhancement Sub-paragraph b. of paragraph 1. of SUPPLEMENTARY PAYMENTS – COVERAGES A And B (of SECTION I) is replaced by the following: b.Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 8| P a g e Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 17.Damage To Premises Rented To You Limit If damage by fire, lightning, “explosion” or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner under Coverage A is not otherwise excluded from this insurance, the following applies: A.The last paragraph of Coverage A (Section I) – Paragraph 2. Exclusions –is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. B.Paragraph 6. of Section III - Limits of Insurance – is replaced by the following; 6.Subject to paragraph 5. above, the Damage To Premises Rented To You Limit The most we will pay for Fire Damage Limit is $500,000 under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by fire, lightning, “explosion”, or sprinkler leakage, while rented to you or temporarily occupied by you with the permission of the owner. C.Sub-paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV - Commercial General Liability Conditions).is replaced by the following: (b)That is Fire, Lightning, “Explosion” or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D.Paragraph 9.a. of the definition of “insured contract” in Section V-Definitions is replaced by the following: 9.“Insured Contract” means: a.A contract for the lease of premises. However, that portion of the contract for the lease of premises that indemnifies any person or organization for damages by fire, lightning, “explosion” or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an “insured contract”; E.The following definition is added to Section V – Definitions: 23."Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. a."Explosion" does not include any of the following: Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; b.Rupture or bursting of water pipes; c.“Explosion” of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or d.Rupture or bursting caused by centrifugal force. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 9| P a g e Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 18.Knowledge Of Occurrence, Claim, Or Suit SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS – AMENDMENTS The following is added to paragraph 2. e.The Duties in paragraph 2. do not apply until after the “occurrence” or offense to: (1)You, if you are an individual; (2)A Partner, if you are a partnership; (3)An “executive officer” or insurance manager, if you are a corporation; (4)Your elected or appointed officials, trustees, board members, or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. 19.Voluntary Property Damage Coverage: The following coverage is added: At your request, we will pay for "loss" to tangible property of others arising out of your business operations. The most we will pay for this coverage is $5,000 for each "occurrence” with a $10,000 aggregate limit during the policy period. The "loss" must occur during the policy period and in the “coverage territory.” "Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction, theft, or voluntary parting with property as a result of trick, scheme, or false pretense. Voluntary Property Damage Coverage does not apply to: A.Damage arising out of the ownership, maintenance, use, or entrustment of any "auto"; B.Property you own, occupy, rent or lease from others, or C.Property on your premises for sale, service, repair or storage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to this Voluntary Property Damage Coverage. The limits of coverage stated above shall not be reduced by the amount of this deductible. 20.Waiver Of Transfer Of Rights Of Recovery Against Others Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us (of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) The following is added: We will waive any right of recovery we may have against a person or organization because of payments we have made under this insurance for injuries or damages arising out of “your work” done under a written contract with that person or organization provided that: a.Such written contract with that person or organization contains a contractual provision that prevents you from exercising your right(s) of recovery against such person or organization Our waiver of any right of recovery as stated above only applies to that person or organization identified above and only if the injury or damage occurs during the policy period and subsequent to the execution of such written contract. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 10| P a g e Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 21.Duties In The Event Of Occurrence, Offense, Claim, Or Suit Paragraph 2.a., SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, The following is added to a. Knowledge of an “occurrence”, claim or “suit” by the agent, servant or “employee” of any insured shall not in itself constitute knowledge of the insured unless; •You, if you are an individual; •A partner, if you are a partnership; •A member or manager, if you are a limited liability company; •An executive officer or designee, if you are a corporation; •A trustee, if you are a trust; or •A designee, if you are any other type of organization. shall have received notice from its agent, servant or “employee.” Paragraph 2.b., SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, The following is added to b. Knowledge of an “occurrence”, claim or “suit” by the agent, servant or “employee” of any insured shall not in itself constitute knowledge of the insured unless; •You, if you are an individual; •A partner, if you are a partnership; •A member or manager, if you are a limited liability company; •An executive officer or designee, if you are a corporation; •A trustee, if you are a trust; or •A designee, if you are any other type of organization. shall have received notice from its agent, servant or “employee.” 22.Primary And Noncontributory - Other Insurance Condition The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CG 70 51 06 15 11| P a g e Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B POLICY NUMBER:COMMERCIAL AUTO CA 20 48 10 13 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 in- dicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): 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 Cover- age, 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 Coveragesof the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 CPA 0042875 15 BROWN BROTHERS PLUMBING & HEATING CO INC ANY OR ALL PERSON(S) OR ORGANIZATION(S) AS REQUIRED BY WRITTEN/EXECUTED CONTRACT, FOR JOBS IN THE STATE OF NORTH CAROLINA Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT SUMMARY OF COVERAGE AND INDEX This is a summary of the various coverages provided by this form. No coverage is provided by this summary. This endorsement is subject to the provisions of your policy, which means that it is subject to all limitations and conditions applicable to the coverage forms attached to this policy unless specifically deleted, replaced, or modified herein. A.Blanket Additional Insureds Included B.Employee Hired Auto: Liability Included Physical Damage Included C.Limited Liability Company As An Insured Included D.Newly Acquired Or Formed Entities:Included E.Supplementary Payments: Bail Bonds $3,000 Reasonable Expenses Due to Our Request $500 Per Day F.Hired Autos Physical Damage:Lesser of $50,000 or ACV Loss of Use $75 Per Day/ $750 Per Loss G.Towing And Labor Private Passenger Types / “Light Trucks” $75 Per Disablement / $300 Total Other Than Private Passenger Types / “Light Trucks” $150 Per Disablement / $300 Total H.Personal Effects $500 I.Transportation Expenses – All Vehicle Types Temporary Transportation $75 Per Occurrence / $750 Total Return of Stolen Auto $5,000 J.Rental Reimbursement – Private Passenger Type / “Light Truck”$75 Per Day / $750 Per Occurrence K.Electronic Equipment Included L.Loan / Lease Gap Coverage Included M.Glass Repair Comprehensive Deductible Waived N.Waiver Of Subrogation Included O.Unintentional Omissions Included COMMERCIAL AUTO CA 30 00 07 14 CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 6 with its permission Brown Brothers Plumbing & Heating Co., Inc. CPA 0042875 15 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B This endorsement modifies insurance provided under the following: A.BLANKET ADDITIONAL INSUREDS Under Section II – LIABILITY COVERAGE A. Coverage 1. Who Is An Insured is amended to include as an additional “insured”: Any person or organization with who is required under a written contract with you to be included as an “insured” under this policy, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. This coverage shall be primary and not contributory with respect to the person or organization included as an “insured” under this section. Any other insurance that person or organization has shall be excess and not contributory with respect to this insurance, only if it is required in the written contract, permit, or agreement identified in this section and is allowed by law. B.EMPLOYEE HIRED AUTO The following is added to Section II – LIABILITY COVERAGE A. Coverage 1. Who Is An Insured: e.An “employee” of yours is an “insured” while operating a covered “auto” hired or rented under an agreement or contract in that “employee’s” name, with your permission, only when performing duties related to the conduct of your business. Section IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is deleted and replaced by the following: b.For Hired Auto Physical Damage Coverage, the following are deemed covered “autos” you own: (1)Any covered “auto” you lease, hire, rent, or borrow; and (2)Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee’s” name provided your permission has been given and the “employee” is performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented, or borrowed, with a driver, is not a covered “auto”. C.LIMITED LIABILITY COMPANY AS AN INSURED The following is added to Section II – LIABILITY COVERAGE A. Coverage 1. Who Is An Insured: f.If your business is structured as a Limited Liability Company, you are an insured for any covered “auto”. The section Who Is An Insured that applies to anyone else using a covered “auto” you own, hire, or borrow also applies to Limited Liability Companies. The members and managers of the Limited Liability Company are also “insureds” while using a covered “auto” you do not own, hire, or borrow, but only during the course of their employment duties for you. However, members and managers are not an “insured” for any covered “autos ” owned by them or members of their household. CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 2 of 6 with its permission COMMERCIAL AUTO CA 30 00 07 14 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B D.NEWLY ACQUIRED OR FORMED ENTITIES The following is added to Section II –LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured: g.Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, “insured” does not include any organization that: 1.Is a partnership or joint venture; or 2.Is an insured under any other automobile policy; or 3.Has exhausted its Limit Of Insurance under any other automobile policy. Paragraph g.2. of this provision does not apply to a policy written to apply specifically in excess of this policy. This automatic coverage is afforded for only 180 days from the date of acquisition or formation. However, coverage under this provision does not apply if there is similar insurance or a self-insured retention plan available to that organization. E.SUPPLEMENTARY PAYMENTS Section II – LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments, items (2) and (4) are deleted and replaced by the following” (2)Up to $3,000 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. (4)All reasonable expenses incurred by the insured at our request, including the actual loss of earnings up to $500 per day because of time off from work. F.HIRED “AUTOS” – PHYSICAL DAMAGE COVERAGE The following is added to Section III – PHYSICAL DAMAGE COVERAGE, A.Coverage,1.: d.Hired Autos You may extend the Comprehensive, Specified Causes Of Loss and Collision Coverages provided on your owned autos” to any “auto” you rent, hire, lease, or borrow from someone other than your employees, partners, or members of their respective households. Any “auto” you rent, hire, lease, or borrow is deemed to be a covered “auto” you own. Any “auto” that is rented, hired, leased, or borrowed, with a driver, is not a covered “auto”. (1)This extension only applies to “autos” you rent, hire, lease, or borrow for less than 30 consecutive days. (2)The most payable for an individual “loss” is the lesser of $50,000, the actual cash value of the “auto”, or the cost to repair or replace the “auto” less the deductible as determined below: a.The deductible shall be the same as the amount of the highest deductible for any owned “auto” of the same classification for that coverage. In the event there is no owned “auto” on the policy of the same classification, the highest deductible of any owned “auto” will apply for the particular coverage b.No deductible will apply to a “loss” caused by fire or lightning. (3)Coverage under this extension will: a.Be excess over any other collectible insurance you have; b.Pay in addition to the limit in (2). above, up to $75 per day and no more than $750 per loss for: 1.Any costs or fees associated with the “loss” to a hired “auto”; and CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 3 of 6 with its permission COMMERCIAL AUTO CA 30 00 07 14 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B 2.Loss of use, provided it is the consequence of an “accident” for which you are legally liable and which results in a monetary loss to the leasing or rental concern. G.TOWING AND LABOR Section III – PHYSICAL DAMAGE COVERAGE, 2. Towing, is replaced by the following: We will pay towing and labor costs incurred up to the limits shown below each time a covered “auto”, classifies and rated as a private passenger type or “light truck” is disabled: a.For vehicles classified and rated as private passenger types or “light trucks”, we will pay up to $75 per disablement. b.For vehicles classified as other than private passenger type or “light truck” we will pay up to $150 per disablement. c.The most we will pay during the policy period is $300 in total, regardless of the number of disablements or the types of vehicles involved However, the labor must be performed at the place of disablement. Section V – DEFINITIONS is changed by the addition of the following: Q.“light truck” means a truck with a gross vehicle weight (GVW) of 10,000 pounds or less. 1.If registered in North Carolina, the gross vehicle weight (GVW) must be 14,000 pounds or less. H.PERSONAL EFFECTS Section III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is changed to add the following: c.If Comprehensive or Specified Causes Of Loss Coverage is provided for a covered “auto” you own under this coverage form and that covered “auto” is stolen, we will pay up to $500, without application of the deductible for the personal effects stolen from that covered “auto”. This does not include money, jewelry, securities, or tools. This coverage is excess over any other valid and collectible insurance. money, jewelry, securities, or tools. This coverage is excess over any other valid and collectible insurance. I.BROADENED TRANSPORTATION EXPENSES -ALL VEHICLE TYPES Section III – Physical Damage Coverages, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses is replaced in its entirety as follows: a. Transportation Expenses We will pay up to $75 per day and no more than $750 per occurrence for Broadened Transportation Expenses for temporary transportation expenses incurred by you because of the theft of a covered “auto” of any type. We will pay only for those covered “autos” for which you carry either Comprehensive, Specified Causes Of Loss, or Collision Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 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”. Additionally, we will pay for the expense of returning a stolen covered “auto” to you. The maximum amount we will pay for returning a stolen covered “auto” under this coverage extension is $5,000 J.RENTAL REIMBURSEMENT Section III – PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: 5.We will pay for rental reimbursement expenses incurred by you up to the limits shown below for the rental of an “auto” because of a “loss”, other than total theft, to a covered “auto” classified as a private passenger type or “light truck”. a.For which you carry either CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 4 of 6 with its permission COMMERCIAL AUTO CA 30 00 07 14 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Comprehensive or Specified Causes Of Loss Coverage if the “loss” arises from such coverage; or b.For which you carry Collision Coverage if the “loss” arises from such coverage. We will pay only for those expenses incurred during the policy period beginning 24 hours after the “loss” and ending, regardless of the the policy’s expiration, when the covered “auto” is repaired or replaced, or we pay for its “loss”. This coverage does not apply while there are spare or reserve “autos” available to you for your operations. The most we will pay for rental reimbursement expenses is $75 per day with a maximum of $750 per occurrence. K.ELECTRONIC EQUIPMENT – BROADENED COVERAGE Paragraph 4.c. of Section III – PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is revised by adding the following: This exclusion as it relates to electronic equipment that receives or transmits audio, visual or data signals does not apply if said equipment is permanently installed in a covered “auto”. L.LOAN / LEASE GAP COVERAGE Section III – PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance is Amended by the addition of the Following to paragraph 1.: c.Balance due under the terms of the loan or lease which the damaged covered “auto” is subject to at the time of the “loss” less: (1)Overdue payments and financial penalties associated with those payments as of the date of the “loss”, (2)Financial penalties imposed under a lease due to high mileage, excessive use, or abnormal wear and tear, (3)Costs of extended warranties, Credit Life Insurance, Health, Accident, or Disability Insurance purchased with the loan or lease, (4)Transfer or rollover balances associated with prior loans or leases, (5)Final payment due under a “Balloon Loan”, (6)The dollar amount of any unrepaired damage which occurred prior to the “total loss” of a covered “auto”, (7)Security deposits not refunded by the lessor, (8)All refunds payable or paid to you resulting from the early termination of any warranty or extended service agreement on a covered “auto”, (9)Any amount representing taxes, or (10)Loan or lease termination fees. This coverage only applies to the original loan or lease written on a covered “auto”. Section V – DEFINITIONS is changed by the addition of the following: R.“Total loss” means a “loss” where the cost of repairs plus the salvage value exceeds the actual cash value. S.“Balloon Loan” means a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. M.GLASS REPAIR Section III – Physical Damage Coverage, D. Deductible, is replaced by the following: D.Deductible For each covered “auto”, our obligation to pay for, repair, return, or replace damaged or stolen property will be reduced by the deductible for the coverage as shown on CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 5 of 6 with its permission COMMERCIAL AUTO CA 30 00 07 14 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B the Declarations Page. Any Comprehensive Coverage deductible shown on the Declarations Page does not apply to “loss” caused by fire or lightning. Additionally, the Comprehensive Coverage deductible does not apply to glass, only when that glass is repaired. Should the glass be replaced, the applicable Comprehensive Coverage deductible will apply. N.WAIVER OF SUBROGATION Section IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced by the following: 5.Transfer Of Rights Of Recovery Against Others To Us 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 a covered “auto” only when you have assumed liability for such “bodily injury” or “property damage” under an “insured contract”. In all other respects, if a person or organization to, or from whom, we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. This provision only applies if the written Contract, permit, or agreement has been Executed or issued prior to the occurrence of any “bodily injury” or “property damage”. O.UNINTENTIONAL OMISSIONS The following is added to Section IV – Business Auto Conditions, B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud: We will not deny coverage under this policy if you fail to disclose all hazards existing as of the inception date of the policy, as long as such failure is not intentional. . CA 30 00 07 14 Includes copyrighted material of Insurance Services Office, Inc Page 6 of 6 with its permission COMMERCIAL AUTO CA 30 00 07 14 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Schedule 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 Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84)Copyright 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) 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. ANY PERSON OR ORGANIZATION THAT IS REQUIRED BY WRITTEN CONTRACT EXCEPT OPERATIONS RELATED TO WRAP-UPS. BUILDERS MUTUAL INSURANCE COMPANY INC IS NOT A CONTRIBUTOR TO ANY WRAP-UP PROJECT. Brown Brothers Plumbing & Heating Co., Inc. Builders Mutual Insurance Co. 12/31/2025 AWC 0000022 17 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Commercial Umbrella Liability Follow Form Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Except to the extent the insuring agreements, terms, definitions, conditions, and exclusions of this policy differ, the coverage provided by this policy shall follow the insuring agreements, definitions, conditions, and exclusions of the underlying insurance policies as shown in the schedule of underlying policies. COMMERCIAL LIABILITY UMBRELLA CU 70 38 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CU 70 38 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 Brown Brothers Plumbing & Heating Co., Inc. MUB0004308 08 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Page 3 of 27 PIC-EVCP-002 (07/22) D. Your Insured Location Liability We will pay on behalf of the insured for loss or remediation expense in excess of the self- insured retention that the insured becomes legally obligated to pay as a result of contamination on, at, under or migrating beyond the legal boundaries of your insured location, provided that: 1.Such contamination first commences during the policy period; 2.Such contamination ceases fully within ten (10) days of its commencement; and 3.The loss or remediation expense is the result of: (i) a claim for bodily injury, property damage or environmental damage that is first made against the insured and reported to us during the policy period, or as expressly provided for in the extended reporting period, if applicable; or (ii) contamination that caused the insured to incur emergency expense during the policy period. E. Image Restoration Coverage We will reimburse you for image restoration expenses incurred because of contamination or an actual or alleged negligent act, error or omission in the performance of your professional services reported to us during the policy period or as expressly provided for in the extended reporting period, if applicable, and that results in bodily injury, property damage, or environmental damage covered under Insuring Agreements I. A., B., C. or D., as applicable. Reimbursement is limited to the costs of restoring your reputation and consumer confidence through image consulting, is subject to the self- insured retention for the applicable coverage part, and will in no event exceed the amount shown in ITEM 5.E in the Declarations. II. DEFINITIONS A. Additional insured means any individual, organization or entity to the extent that they are contractually liable for loss or remediation expense to which this insurance applies as a result of your contracting operations, completed operations, or transportation performed by or on behalf of the named insured or arising out of the named insured’s ownership, use maintenance or operation of your insured location, provided: 1.Such individual, organization or entity is scheduled to this policy as an additional insured by an endorsement; or 2.Solely with regard to Coverage B. – Contracting Operations Environmental Liability, such individual, organization, or entity is required to be an additional insured under this policy in a written contract or agreement for your contracting operations or completed operations, provided that such contract or agreement was fully executed prior to the date that your contracting operations first commenced. Any coverage afforded such additional insured under this policy is available up to and not exceeding any specified limits of insurance as required by the written contract with you or subject to the applicable Coverage B. Contracting Operations Environmental Liability Coverage Limit of Insurance, whichever is less. The additional insured is not provided any coverage under this policy for any portion of its own negligence or legal liability. B. Bodily injury means: Brown Brothers Plumbing & Heating Co., Inc. Pollution Policy #PPK2690425-001 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Page 23 of 27 PIC-EVCP-002 (07/22) 5.In the event similar insurance is in force covering any claims first made during the automatic extended reporting period, there is no coverage under this policy. 6.In the event similar insurance is in force covering any claims first made during the supplemental extended reporting period, coverage provided by this policy shall be excess over any such other insurance, including any applicable deductible or self- insured retention amounts of such other insurance. For purposes of this provision, other insurance includes all types of self-insurance, indemnification or other funding arrangement or program that is available to compensate an insured for liability. 7.Any extended reporting period does not extend the policy period. Any claim first made against you during an extended reporting period will be deemed to have been first made during the last day of the policy period. X. GENERAL CONDITIONS A. Subrogation If we pay any amount under this policy, we shall be subrogated to the insured’s rights of recovery against any individual, firm or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure such rights. The insured shall not waive or prejudice such rights subsequent to when a claim is first made or when the insured discovers contamination. Any recovery as a result of a subrogation proceeding arising out of payment of a professional loss, loss or remediation expense covered under this insurance shall accrue first to you to the extent of any payments in excess of the Limits of Insurance; then to us to the extent of our payment under the policy; and then to you to the extent of your self-insured retention. Expenses incurred in such subrogation proceedings will be apportioned among the interested parties in the recovery, in the proportion that each interested party’s share in the recovery bears to the total recovery. Notwithstanding the foregoing, we hereby waive our right of subrogation against your client and any entity where required by written contract provided that such contract is fully executed prior to the first commencement of contamination or prior to the rendering or failure to render your professional services, as applicable to which this insurance applies. Such waiver of subrogation within any written contract does not expand, enhance or otherwise increase the terms and conditions of this policy accordingly B. Changes Notwithstanding anything to the contrary, no provision of this policy may be amended, waived or otherwise changed except by endorsement issued by us to form part of this policy. C. Action Against Us No person or organization has a right under this insurance: 1.To join us as a party or otherwise bring us into a claim; or 2.To sue us under this insurance unless all of its terms have been fully complied with. A person or organization may sue us to recover on a fully executed settlement agreement or on a final judgment against the insured obtained after an actual trial; but we will not be liable for loss, professional loss, remediation expense, emergency expense, or Brown Brothers Plumbing & Heating Co., Inc. Pollution Policy #PPK2690425-001 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B Brown Brothers Plumbing & Heating Co., Inc. Pollution Policy #PPK2690425-001 Docusign Envelope ID: AC1CD288-4733-4BAB-B895-FE5CCF37576B