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Home My WebLink About2012-052 AMS - Brown Brothers Plumbing & Heating Co Plumbing Scope for Jail Kitchen Revovations $6,0002 a ~ .z- ~S~ ~m s NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $25,000 ORANGE COLINTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this Sth dayo uf March, 2012 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Brown Brothers Plumbing & Heatin~ Co., Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the gurpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and entling dates of contract: 3/5/2012 through 4/30/2012. The Project Commencement Date sha11 be 3/S12012. 2• MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Six Thousand Five Hundred Dollars ($6,000.00) 3. SERVICES Contractor abrees to provide the followinb construction services (the "Work"): Provide plumbing construction and installation services according to the attached proposal dated 2l23/2012. Contractor sha11 not sub-contract all or any part of the construction services provided for in this Agreement without prior v~n-itten approval of the Owner, Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor sha11 conect any and all enors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Gontractor sh~ll submit an invoice for constructian services }~rovided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor_ It shall detail all construction services provided in payment requests_ The Owner will make payments to Contractor within thirty (30} days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performe~ until such time as said work is completed. 5. RELATIONSHII' OF PARTIES Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, a11 personnel required in performin~ the construction services RevisedNovember 2~11 under this Agreement. Such personnel sha11 not be employees of or have any contractual relationship with the Owner. A.11 personnel en~aged in work under this Agreement sha11 be fully qualified and sha11 be authorized or pernutted under state and local law ta perform such canstruction services. It is fiirther agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called fbr herein. Neither Contractor nor a,ny employee of the Contractor sha11 be deemed an off1cer, employee or agent of the Owner. 6, TERMINATION This Agreement may be ternvnated by Contractor upon thirty (30} days' written notice to the Owner, and the Owner may ternunate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor sha11 abtain, at its sole e~ense, a11 insurance as requu-ed in the Owner's risk management palicy and shatl not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk l~Tanager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNiFICAT70N Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all cla.ims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attomey's fees related thereta) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent pernvtted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 10. NON-APPROPRIATION Cantractor acknowledges that Owner 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 and not appropriated for the performance of Owner's abligatians under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice ta Contractor of the unavailability and non- appropriation of public funds. Tt is expressly agreed that ~wner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state andior federallegislative or regulatory action, which adversely af~ects Owner's Revised November 201 i 2 authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate withaut penalty to Owner upon written notice to Contractor of sueh limitation or change in Owner's legal authority. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree tv be haund i~y ali of its terms, and furth~r agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed b_y the parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that fihis Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Ageement shall be brought in the General Court of Justice of the State of North Caraiina in 4range County. IN WITNES~ WHEREOF Orange County and the Contractar have signed this agreement, effective as of the day and date first above written. ORANGE C4UN By Frank W. lifton, anager 200 S. Cameron t. P.O. Box 8181 Hillsborough, NC 27278 CUNTRA TOR ~y ~ 4 , Brown Brothers Plumbing & Heating Co., Inc. Pt) Box 15668 Durham, NC 27704 ~s instrument has been approved as to technical content. Pam Jone , epartment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~ t Oflice o£ the Finance Officer This instrument has been approved as to legal form and sufficiency. Office of h ounty Attorney Revised November 2011 '~ ROWN ROTHERS = ~ ~ PLUMBING & HEATING COMPANY, INC. FAX QUOTE FROM: BROWN HROTHERS PLtJ~ING & HEATING, CO. INC. PH.#919-220-2554.. N.C. LIC. ~282.. FAX #919-22Q-2531 DATE: Fsb. 23, 2012 ---------------------------------------------------- JOB NA1~: Orange County Jail Attn: Jeff Thompson Email: ~ethompson@co.orange.nc.us Phoae: (919)245-2658 JOB LOCATION: Hillsborough Ref: Jail Kitchen Renovations. Eshaust hood and equipment replacement. Scope of Work: Provision and installation of gas regulators per plan. Relocate existinq plumbing lines as needed for ner~ hood. Install gas manifold for new equipanent. FOR TSE SUDGET PRICE OF: ~~~.~ Discoanect and cannect plumbing fixtures. Paint existing exterior exposed gas pipe. FOR THE ADDITIONAL BUDGET PRICE OF: ~~~~U.°-~ I.abor ratas are based on warkinq hours of 7:30 am to 4:OQ paa o-eekdays . ERCLIISIONS: Bond Permit Proposal may be rrithdra~rn if not accepted ~rithin 30 days . PAYMENTS TO BE MADB AS FOI~I.OWS : Manthly AUTHORIZED SIGNATURE: ~~ ' on - Project Manager PO Box 15668 - 2820 North Roxboro Road - Durham, NC 27704 0668 Telephone (919) 220-2554 Fax (919) 220-2531 OP ID: DL ~~~~1-f~~Q ~ ~ CERT~FICATE a'F LiABILITY INSURANCE '~DATEFMMlDDI'YYYY} ~ o2127112 7HIS CER7IFICATE IS 1SSUED AS A MATTER OF lN'FORMATION ONLY ,t1ND CONFERS NO RIG}~fTS IJPpN THE CERTIFICATE HOLDER. THIS CERTfFICATE DOES NOT AFFIRlVIATIVELY OR NEGATiVELY AMEND, EXTEND OR ALTER THE COVERAGE AEFORDED BY THE POLIGdES BELOW. 7H1S CERTIFlCATE OF lNSURANCE DOES NOT GONSTITUTE A CONTRACT BE7WEElrf THE ISSU]NG INStIF2ER(Sa, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CER7IFICATE HOLDER: IMPORTANT: If the ce~tifieate holder is an ADDITIONAL INSURED, the po~icy(ies} must be endorsed. If SUBROGATIQN iS WAIVED, subject to Ihe term5 and condltions of the poflCy, Cert~ln policies may reqvire an endorsement. A statement on this certificate does not confer rights to the certificate ho-der in lieu of such endorsemEnt s}. PROOUCeR 949~71~~22 Tyson Insurance S r i fn CONTAGT NAME: v e ces, c. PH F A 3814-A North puke 5treet Jn~cNN ..~xtr,: ._._~_. .__T_~r a ic Nok: P. ^ BOX 15734 E.MAII .` Durham, NC 27704- ADi7RESS _ ._- . ------_ _ -..... __-r--._.. D18l7@ $. LOi19 STOMER D;Jt; BROW$Ra _ .. _. .. - --- °- . - -- -- iNSURER(S1 AFFORDMG COVERAGE NAtC # - • • :.._~-_ ~N$URED grown Brothers Plumbing 8~ ___. _:__.. _....-- ~r,su~E~A:Builders Mutual Insurance Co. Heating Company _. _~. ...T. _ .. ..~._r._,,. ..__..__ . :._ : .. . -- 2820 N, Roxboro Rva~l ~NSURER6 _.. _... _ . _.. _ _. Durham, NC 27704 ir~sueeR c: :. . INSURER D : ~ ~ ~- . .. . . . . INSURER~. E:.;. .. . . ...~ .. -: ..: . . __ '~ ... ,.. _ . ._.. ._~~-~ _.....-. ~. INSURER~F~~s . 'COYERAG€S CERTIFICATF NIIMRFR- r3GCrrc~nw u~ emeraco• ~ - --- ~----- ---°•----- TMIS IS TO'CERTfFY THAT TME POLfCIES OF INSURANCE USTED BEL~W HAVE BEEN ISSUED T0 TH'E INSURED NAMED ABqVE FpR THE POLfCY P~RtOD INDICATED NOTW17HSTANDfNG ANY REQUIREMENT, TERM OR GQNp1710N OF ANY CONTRRCT OR OTHER DOCUMENT WITH RE5PEGT TO WNICH THIS CER7IFICA7E MAY BE ISSUED OR MAY PERTAIN, THE INSURAfvCE AFFORDED BY THE POLICfES DESGRIB~D HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSFONS ANR CONpITIONS OF SUCH POUCIES; LIMITS SHOWN MAY HAVE ~EEN REQUGEO BY PAID CLAIMS. . .---... . _ ~ . ~. .. ~-. ._ ._ __~ ~1NSR, ~ ---...._.. : , , _.. ~ . . A~[S~(~U~ .. P LICY'E-F~'~1 PQLICY ~ XP '- ~----.. .~` .. . - --.... ~,7R ~. TYPE QF INSURANCE. pOUCY MUMBER ~:MMlDDfYYYY ~ MMlDD/Y`fYY .. LIMIT$ ~ ~ GENERAL EJABIIJTY ~ ' ~ EACId OCCURRENCE $ 'I,OOO,OOO ' A X ~ COMMERCIAL GENERAt LIABtLITY ..~_. . . I PCf~0000055 03 ~ ` 12/31111 I 12/31t12 '~~-R~~- ~ :PREMISES~. Eao u~! ._ .. . 'IOO,~IO.., .'$ i I I _ ' CLAIMS-MkDE ~ OCCUR ( I MED EXP (My one person) S ~ Q,~~ X~ contractual liab, ~ ~ ~ ~ PERSOMAI &/1DV IN3URY 'S ~~OQ0,~0 V I I - -- - - -- - GENERIaL AGGREGATE ~___.. . Z,QOO,OQ $ _ - - ~ GEN'L AGGREGAT[ LIMIT APPLIES PER: 'i - ~ ~ ~ YROOUCTS • COMPIO' AGG - z o00 00 $? , r ~ i ' ~ ~ .~ PRO- , g ~OG POLiCY ~ AUTQMOB~LE UA8IL~TY i COMBlNFD SINGLE LIfd1T a 1 O{10 04 A X I ANY qUTO PCA0006942 0'1 ' 12/31l11 12/31/12 ~ ~td e~c~de~E~ - ( ~ , - r-~ ~ I 6UDIi Y INJURY (Per persony $ ; A~L OWMED ~AUTOS ~ ' I ~~ _ _ ~ BOQILY INJURY (Per.accitlent). E SCHEDUL ED AUTUS i j i ~ - PROPERTY DAPMG[ ~ -- . ~ I HfRED AUTOS I ~ i(Per accidenl) ~ $ . .. - ~ {~ _X NON-OWNEOAU70S I _ I i 1-~ ---• . ~ ~ ~------ - - - S -- .... - I . i 3 UMBRELLA LIAB X~ pCCUR (' ~ I L'ACH OCCURR@NCE . - = S,OO~,OO -._ _ _ ~ A _' EXCESS LtAB i CLAIMS-MqDE I~ I ~AGGREGATE ~ - UM6001012103 ~ 12/31N1 12/31112 ,. rJ,OOO~OOO ~ 3 ~EDUCTIBLE = I , - G s i X~~ RETFN'ffON .$ . ~O~ OOO , ~~ - , ---' . _ S WORKERS COMPENSA710N ~~ ,~ ' ~ ~~ '~~ ~ WC STA7U• OTH- X I AND EMPLOYERS UABIiITY Y!M ' ' I TORY~~.LIMIT ~ ~ . A' ANYpROARIETQRlPAR7NERlEXECUTIVE ~ N~JA OFPICCRIMEMBEREXC DED . ~ CROOA~3rJS~~~O3~. I ~ ~Z131/1~:'I 1~2/31/1Z E I. F_ACHACCIDENT . - ~ ~ S ') OOO,Q~ ~ . 7 IU ~ tMandatory in NHy I n . ! .. . E L_DISEASF - EA EMPLOYEE' _ . $ ~,OO~,dO • If yes,~descritre u der . DFSGR1PTiON Of~OP@RATIONS below ~.. ~.E L DISEAS[ - PQUGY LlMIT ~- S ~,OOO~OO q Equipment; Leased ~ PCPOtl00055 03 12/31111 12/31/1~ Equipment 250,00 ~ar Rented ~ ~ ded. 50 DESCR~PTION OF Op~RA7lONS ILOCATIONS / VEHICLES (Attacfi ACORD t01, Adtlkianal Remarks Schedule, fi more space is requfr¢d) Joh: drange County Jaif Orange Gounty, North Carolina (owner) is additional insured per the attached forms. GERTIFICA7E HOLI]ER re~r_~~ i eTinu ORANC07 SHOULD ANY OF TNE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERE4 IN Attni Frartk W. GliRbn, Mgr. ACCQRDANGE WITH 7HE FOLICY PROVISIONS. ZOO~S. G8fT1~eTOt1 St: P.O~. BQX S'IS'I ~- Hiltsboraugh,NC 27278 AUTHORIZED R€PRE5ENTATIVE t ~ ~ ~? Diane S. Long ~ ~ ~O 998~-2009 ACORD CORPORATION. All rights reserved. ACf3RD 2S (2009/Q9) 7he ACORD name a~d logo are registered marks of ACORb NUTEPAd BROWBRO PAGE Z INSURED~s ronM~ Brown Brathers Plumbing ~` OP !D: DL n,qr~ Q2J27l12 fhe (o owing orms app iy required by written exec7~ui~ed contract, be o~ re --`: ` ''- -- '"'"_ '-`- ~~~~~. litional lnsured for General Liability On oin Op rations and Primary & i Contributory wording: PCG0013 (U2/05~ an~ PG~0~022 (01f08}. fitional Insured for General' Liabilit Com leted Opcrations and Primary on Contributorywording: CG7024~a3/09~ ignated Insured for Auto Liability: CA2Q48 {07197). ver of Subrogation for Generat' Liability: CG2404` ~10/93}. Waiv~r of Subrogation for Worker~ Gompensation;`WC 000373 (Q4/84} a #ollows form. Best l2ating -A. COMMERCIAI. GEN~Rp,i, ~~~g~~[T~ _ TiiIS ENDORSEM~NT CHANGES TH~ POL[GY. 'PL.E~ISE REAp {T CAFtEFULLY- BUILDER:S PREMIE~ ~i~Sl1RAk~~E ~DI~PAN1f . ADD~T~OIVAL INSU~ED ~NDO~SE~EN~' This endorsement modi#ies insurance provided under the following: COMMERGIAL. GENERRAL LIl~BILITY C4VERAGE pART Except as atherWlse stated 'tn this er~dorsement, the 'terms and ~oriditions of #he poficy app(y ta ~n that premises. the insura~ce stated belaw, , I~. Structural alteretians, ~EW A. The following is added to the Camrnerciaf ~onstruction or demoditian Generat Liabifity Caverage Fbrrn, Section 11 - apera#ians perfarmeci by or on WHO IS AN fNSU`E~EDc ~ behaff of the person or, organization from wf~om you lease property. ~. The person(`s} or arganizations(s? firom wham equipment has been ieased; but ~• The p~rson(s} oF organization(s} from only with respect to their IiabiiEt arisin 'Wh°m. land is leased but onfy with y 9 respect to liability arising out a# the out of the maintenance, operatian or use ovunership, maintenance or use a# that such person{s) o orga izat n(s}, sub' ct P~~ °~ {an~ ~~ased to you. ~The failowing to the following additiona) exclusions;~ additiona) ~xclusions apply: This inswrance does nofi a F This insuran~e does not apply tot PP Y~ a. To any "occurrance" which takes $' AnY "occurrence" which takes place after the squipment lease place after you cease ta lease that _, expires; fand; b. To "bodity injury" ar ° b. Structur~l alterations, new property constru~tion or demolitiion damage" arising out of the saJe negligenca of the ~ op$rations performed by or on vrganization. from whom quipmern ~ behalfi of the person or organization has been Jeased. from whvm land has been leased. 6. The person(s) or organization(s) shvwn 9• A~'Y state or palitical subdivision subject in tha Dectarations as mortg~gee, rt° t~~ fo(lowing' additlonal provisions; assfgnee, or receiver, but only, with This insurance appiies onfy with respect 'respect ta their liability as mortgages, ta the foll~wing hazards for whi~h the assignee, or receiver and arising aut of state or pafitical subc~ivision has issued 't~e ownershiy~, maintenance, or use of' a permit in connection with the premises by yoea. Aremises you own, ter~t, ar controJ and to which This insurance daes nat , apply to this insurance applies: structurat alterations, new consfiruction ~a. The existence, maintenanGe, repair, and dsmolition psrformed by or f.Qr that construction, erection, ar removal person or arg~nizatian, af advertisir-g signs, awnings, ~ canopies, ceSlar entrances, coal , holes, driveways, manha(es, 7. The parson{s) or organizafiion(s) from marquees, hais~taway openings, Who~ sidewalk vaufts, street banners, or' you lease property 6ut anly with decarations . and similar exposures; re~pect ta fiabi[ify arisir~g out of the or owr~ership, maintenance or use of ~that part of tE~e premises leased tv you and b. The construcxion, erection, or subject to tha foilowing additiona{ removal of e}avators; or exclusions: c. The ownership, mairttenanca, or use _ This insurance does not apply to: of any eie~atars covered by this a.• Any "occurrence" which takes insurance. plaee after you cease to be a tsnant 10. Any architect, engineer ar surveyor 'i'CG Q013 Q2 05 . {nc}udes copyrighted material of Insurance Services Office, lne., wrth its permission. CaAyright, Insuranee Servicas Office; lnc„ 1997 ' Page 1 flf 2 e~9a9Ed bY yau but only with respect to liability ari:sfng out af your prempSes ar "yaur work", TIlf9 insurance, with respect' to such architects, engineers, or surveyors; daes nat apply to "bodilY injury", "R~Qperfy dama9e", "personal injury" or "advertising in)ury" arising out of the rendering or failure to render any prafe$s€onal services by or for yau including; ~• The preparing, approving, or failing ta prepare qr approve~ rnaps, shop drawings, opinions, reports, surveys, field order; change orders, or drawings and specificatians; and b. Supervisory, inspect'son~ arehi`tectural or engineering activirties. 1 ~• Rny person or organization otfi~r tihan an architect, engineer or surveyor, which raquires in ;a "work cc~r~t~act" that such person or organizafiion be made an insured under this policy. However, such person or organization shall be an insured onJy with respect to covered „baciily injurY". "propertY dart~age' ; "persartai in}ury" and °advertising injury" caused, in whoie or 'tn p~rt, b~: e• Your aets or nmissions; or b. The aets or omissians of those acting on your behalfi ~ Sn the perfcarmance ot your ongoing operations for the additional insurec!(s) oniy at the location desi9nated by rtha "work contract" The coverage afforded to such person or orgar~ization does not ~pply to „6od~Iy inJu~Y`~, "'property dama9e", "personal injury„ and "advertising ~njury" occurring aftet the earlie'st of tf~,s fc~llowing timas; PCG 0013 02 05 a• When "your work" under the'"work eontract" ~other than service, rnaintenance or repairs) has been compfeted, 'b. When that partion of "yaur work„ under the "work contraci" out of which any injury or darnaga arises has been put to its intended use by any person or organization other than another contractor or subcon#ractor engaged j~ performing operations for a principat as a part of the sarne prfl}ect. c• When • our coverage for you Under this poGcy or a renewal af this policy terminates and is ~art continuec! by other insurance provided by us. "Work contract" means a written agreement into which yoU enter #or work performed by you or on your behaff. '12. Any person or organization to whom you are obtigai~d by virtue of ~ writte~ "insured contract" to provide insurance sucF~ as is afforded by this policy, but only with respect ta fi~bility arising'QUt of the ownership, maintenance, or usa ofi that part of any premises or land leased t0 vDU, 7his does not apply to: a• Any "occurrence" that takes place after you cease ta be a tenant on ~hose premises, or aease to lease the (and; or b. Structural alterations, neW canstructian or demolition ~A~rations performed by or on behalf o# such insursd. includes copyrighted material of;lnsuranca Servicas Offics, lnc., with its perrnission. Copyright, Insurance 5ervices'Office, Inc., 1997 Page 2 of 2 COMMERClAL GENER/~kL LIA~B6LiTY T~iiS ENDORSENfENT C~iANGES 7HE PaL1CY: PLEAS~ FiEAD,tT CAi~EFU:LLY. ~!3(LDERS ~R~ltl~(ER t~d~UR~-~fCE CQ~ltPAI~Y AQDIT~O-~AL tNSU6~E[~ PR~~lCA~Y A6~t~ I~~~C-~t}6VT~~~3UTC~RY ~~VL~t~~SEIV~E~I~` 7his endorsement rt~odifies insurat7ce ptvvided under the followli~g: CQIUiM~RCfAL GENERqL LiABILITY CC7VfRAGE RAFiT Tl~e followi~ig additional p[ovfsions ~pply to Additior~al Insured Endorsarnent BCG ~01`3 attached to your Pai'scy: S. If an ad~itibrZat ii~sured's po[icy has an Other Insurariee provision r7aalttng the additional insured`s policy excess, and a Nattter} fnsured has agreed in a written contract ar written agreetnent t~ 1, perform wortc; and/or 2. have sqnieone perform worlc on 'tlle Rtamed lnsured's beha:lf for the benefit af tF~e additional insured and such written contsact or written agreernent contractua!!y requires the Named fnsured to prov9de ihe addiUonat i-~syred covera~e on a prir~iary and ~on-con'tributory basis, tl~is insurance shall be prin~ary and we will not seel< cQntribution fro~n the ~ddit[ona! insured'"s policy for d~mages we are obEigated to pay u~ider this insura~ice arising vut ofi the on-goia~g opera~iotis o'f the work #he Named Insared, oc any person or orga~~ization pertorming worlc o« the Namad lnsured's bettalf, was requited ta perform for the additional i~isured under suct~ ~ written contracrt. It is expressly ui~derstvod tha~ our ~greement to: 7. have thi$ irisurance be prin~ary; and ~. not seelc cv~~~tibution frotn the additigrza[ i~isured`s pplicy as outli~ied abdve u~ider tllis section 12. Addition To $CG OQ13 Endorsen~e~lt- Additio«al (nsured Primary And Non-Contributory provisJVii of this er~dvrsen~ent, daes not apply to "bodi{y injury" or °Property damage" included witl~in the "products-camplsted operations hazard" uiz{ess there is ano#her additionai insured er~darsement that appfies rto this insurance that agrees to; 1. provide cvverage ta tMe ~ddit~onal insured for fiability for "badily injury" or °property damage" included in the "products-co~~pletetl vperatiaias hazard" for work perfivrtt~ed by .t1~g N~med lcisured (ar sameone perforrning worlc on the Nained lnsured's behalf} a~Yd perforn~ed under a written contract for ihat addstior~al irisured. This iz7surance expressly dassn't provide the addit[ona[ insured v~rith "products canapleted operations hazard" caverage, Except as providad in Paragraph ~4.a, of Section IV -~o:nmercial Genera] Liab[[ity Conditiai7s, any coverage provided by tYtis section 12 shali be excess over any other valid and ca[tectibte u~surance a~ailable 'to the additional i~isured whether primary, excess, co~itingent or on a»y other basis. 'In the event an addi#ional insure~i h~s other cvverage ava'rlable for an "occurrence" by virtue of also bei:~g an additlan~t insured on other po[`rcies, tf7is insura«ce is excess aver thcase other policies. PCG 0022 01~8' lr~ciudes eopyrighted material of lnsurance 5ervices Office, Inc„ wfth its perntission. Copyright, Insur2nce Services Offiea, Inc,, T9J7 Page 1 of 1 ' ~c~ aaooa~~ o~. COMMERCfAL GENERAi. L,tqg~~~-~Y. THlS Ef~dORSEMENT CHAl~GES THE PQLiCY. PLEQS~ REaD lT C~REFULL' ~ontracta.r's Bla~nke# A~dditior~al Ir~sur~d Endo v. Pr~ducfs ~ ~o~tpl~t~d ~~er~#ions~q~sem~r~ fi This endorsem~nt modtfres insurance provided under the following: COMMERCIAL GENERAL LIABlLITY CpyER,qG~ PART A. Secfiort 11-'WHO IS AN INSURED is ame~decf ta include as an additional insured an ~ person or organization when yvu and such person ar arganization have agreed in a writtgn contract ar written agreement that such p~rson or organization be added to yo~ur policy, but only with respect ta Iiabifity for "badily in~ury " ar "property damage" caused by "your work" performed for that adtiitianal insured and included tn the "produ~ts-com~leted operations hazardn. . When tha named insured' is requir~d to adci ~n additional insured on this policy,'the writfen contract or written agr~ement mus# be: ~~. Currently in effect or becomin~ e~fective during the term of this policy; ~. Executed prior to a"bodily in}ury" "occurrence" or uproperty damage" `bccurrence" to which thi~ insurance would apply; and 3. Betweer~ a Named insured and the additionai insured B, The insuran~a provided to fhe additionaf insured is subject fo the fallowing p~ov~sit~ns; 1. That person or ar~aniz~tion is an additfonal insuced only for iiability caused by your negligenc~ specifically resuitmg fram "yaur work" for the adciitional insured as detailed in the wriiten cantractorwritten agreement. 2. The Limits of Ir~surance'(Section lii) is amended to include; The limits appIicable to the additional insured are the lesser of those specified in tf~c~ written contract or agreement executed between~ you and the addltionai insured or in the Declaration of this CovBrage Part, wl~ichever is less. These Limits of Insurance are inciusive of, and are not in addi#ion ta, the Limits uf fnsuranc~ shotvn in th~ ~eclaratians and d~fin~d in Section III.- Limits of lnsurance. 3. The insurance prvvid~d to the additiorial ihsured does not apply to "bo~iZy injury" or "pro ert damar~e" arising out afi the rendering c~f, or the failure to render any profess-onal: services by ~ou or on your behal#, but only with r~specf to fhe following o~erations: a'. #~roviciing engineerlng, architecturaf vr surveyir~g services to others in your capacity as an engineer, archi~ect ~r sunreyor; and b: Prflv~ding, or hiring indep~ndent professional firms to prouicie, engineering, architectural or surveying services in cannection wi#h construction wQrk you perfoem. Arafessiohal servJces include- ' c. The preparing, approving,"feiling to prepar~, approve, ma{~s, shop drawings, opinions, reports, surveys, fiefd orders, change orders, or drawings and specifications; and d. Sup~rvisor ar inspection aetivities performed as part of any related architectural or engrneering activ~ties. e. However, professional serv~ces do nqt include services within construction means, methods, techniques, sequences and procedures employed by you ,in connection with your operations in your capacity as a construction. confracfor. C Gr 70 24 03 09 1ncludes capyrighEed material of lnsurance Services Of~ce, lnc., with its permission. Copyrignt, Insurance Services O(fice, Inc., 1997 p~g~ ~°f ~ 4. The fo[lowing replac~s Exctusion I under 2. ~xclusi4r,s of S~ction 1- COVERqGE A SODIl.Y fNJURY AND PRpp~R-~y DAMAGE LtABtLlTY 1. D~mage to Your Work This insurance does not apPlY to "property damage'~ fo °your work` arisin ouf of rt o part of i# and fnciuded in the uproducts-complet~d o~erafions hazard". ~ r~ny 5• When a written cantract or written agreement requires covera~e to be provided for "bodif injury" Qr"prape~ dama~e" within the "products-comp{eted operafiions hazard", covera e wiii nof apply to "bodi y injury' or "properfy darna ge" w h i c h o c c u r s a f t e r: a• T f i e perio d o f # i m e r e q u i r e d by t he ~n~ri#tsn contract or written agreement; or g b• Five years from the r.ornpl~tion af "your wark" on ft~e project fhat is the sub)ect of the written eontraet or written agreement. ~ 6. Any ccrverage provided to the additional insured by fhis endorsemen# shap be excess o~er an other insurance naming th~ additional insured as an ir~sured whether primary excess, contingent or on any other basis, unless fhe wriften con#ract or written agreement in ef~ect during th~s policy period and executed b ~nsurance be provided on either a pPmary or orn a primary and n ncontr'ibutory basis,the 7. 1'he Insuranee provided in this ehdorsement daes not apply to "bodif m'u damage" arising out of "your work" for which a Consvlidated (wrap-u ) insura ce progr~am has been provided by the pnme contractpr, project manager vr owner of a construction pro ecf in which you are involv~d, } $- The foffowing is added tv S~CTION IV- COMMERCIAL GENERAL L{ABIt,[TY GOt~DITtONS, Aaragraph 2,, D~{~es fn The EvenE af Occurrence, Offense, Glaim or Suit: e. An 'additiona! Insured under this endor~emen€ must cpmply v~,ith afI prt~visions of this section. f. The company may audit ar require a copy of'the eon#ract. > CG 7Q 24 03 09 1nclud:es eopyrighted maferial oF Insuranee Services affice, [nc., with its permission. Copyright, Insurance Services pffic.e, Inc_, 1397 Page 2 of 2 POLlGY NEIMBEF;: COI~iMERCIA~ GENERAL LIABtLITY 'THiS ENDORSEitItEl~T CH~1I~GES THE ROLlCY. PL c~ z'~ ~4 ~o s3 EASE REA'p 1T CA6~EFl3LLY. ~~i~P~~ C)F `f~~~~IF~`~' ~F ~ ~~H1"S ~~ ~~~t'~~/E~,'Y ~-~Q[~~T' O~hf~RS T~ t.l~ This entlorsement modi~es insurance provided under thefollowing; CRMM~F~CIAL GENEaAL UABILITY COVERAGE PART ~ame of Person or Qrganization: Brawn BrathersCf~fumb! g& Fieatin Co fnc 9 ~~f n~ ~n~ry app~ars above~ informatton required to compiete this endorsement will be shown in the Declara i as app(icabie to this endorsernent.} tons The TRANSFER OF RlGHTS 0~' RECOVERY AGAINST OTHE'RS 70 US Candifyon (Section IV - CpM C[Al. GENERAl. LlABIL1TY COND(TIONS) is amended by the addition of the falfawing: ~~~~ We waive any right of recovery we may have against the perspn or arganization shown in the Schedule abave 6eeau~e af payments we make for injury or dama~e arising out af your o~gaing operations or "your work" done under ~ contract with that pe~son or organization and included in the "products-completed vperations hazard". This waiver applies only to the person or organization shoWn in fh~ Schedule above, CG 24:04 ~0 93 Copyright, InsuranCe Services ~f ice, (nc., ~(gg~ Page 1 0# 7 '^ Date 'Pre~axec~. ~~~e of Grou~• -~-.-_~_ l~aine aF Member : Add-~_ Fali~ Numb~r; P l~c Per~vd ~f fecti~ve Date : .~~r~a~s~rn~~~~ . 12/22/z41I ~ . . ~E_~~ . 5608418'7'7 BUILDERS MUTUAL INSUR~,NC~ CO.' ~ROWN BRQTHER:S PI,iJ1~9EING ~ H~ATING CO I1~7C . PO ~OX 15668 ~~HI's7 . 1~TC 2 7 7 p 4 WCP 00~4355 (}3 . ' . .: 12~31/ZOI1 to ZZ/3t/~OI2 12/31JZ011 Carxier ~~; 37354 I1~TE1~T O~ E13DORSEM~NT (I1z73ICA~~ ONx,7~ OiV'E A.CT.xO~$ ~~R E1~TDORSE;M~NT) - t' x ) ' ~H.P~].QGES TO WAZU~ R OL'.SIIBROGATZ~N ~~HEDIILE- INSTRUCTIONS': ~'or changes, indicat,e l~elow ~lxe name ox l Indical-e be],aw tize zxew name or address . . address prior to endorsemen~L. ~acli a.re~ on Llze le~t must Gorx~Spond with ~n i.tem ~ after change ox th~ name amd addxess of an on khe right, ad,dition vx ,cTeleti.on. For deletions give ~ disposiCion, ~ ~ f ~ OODOZ BLP.W2GET WA~y$R ~ ~ gPP~~s ~o aL`!.. ~Qbs ~s req~,air~d by . ~ ~~ • written contract. • ~ - ~ ~ - 2820 N. Ii.o~bvro 7Rd. I `:D'urb.am, NC 277~4 . ~ . . , I . . ,,, . . . ~ ~I . ' ~ . ~ . j. . ~~ i . ~ . . . ~ ~ . . i ~~ ~ . 1 ~ ~ . t . . ~ . . A en~ : 4a3 - TXSON IN5[7F~tiiPTCE S~RVICES . ' ,` ~ Ttequeslo~: ~?wHITAJ.C : ' STIiTfi Z1~ESUP.ED F'TLS` ' •AC,$NT LC' . . POLiCY'NUMBCR; TEiI5 ENf3QRSEMENT CHANCES THE PQLlC~(. ~~~~~~~~~~ ~~~~~~~ This endorsemeht mociifies insurance provid~d under the following; SUSINEBS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS CQVERAGE FORM VVifih respect to coverage provjci~d by this endorsement, the pravisions of ~he Coverage Farm apply unless mad- ified by this endorserr~ent This endorsern~nt identifies person(s) ar arganlzati~n{s} who are "insuredsu unc{er tfie V1lho )s qn Insured provi- sion of #he Couerage Form. This endqrsern2nt does not alter ~overage provided in the Coverage ~ort~, This end~rsement changes th~ policy effiective on ih~ inception date of ti~e policy unfess another date is indicated belaw. Endorsement EfFective: Narned (nsure~: Brown Brothers Rlurnbing ~ount~rsigned By: SCH~p1J~8 Nam~ of Person(s) or ~rganization(s}: Any or A!I Persor~(s} or Organizatit~h(s} as required.by writteNexecuted contract, far jrabs in khe state of North Carolina ~If no entry appears above, inforrrtation required to complete this endors~rr~enf wiEl be shown in ~he Declarations or above Schedule as apptiGable to the endarsement.} Each person or organization incllcated above is an "insured" for Li~bififiy Caverage, but ohly to the e~ttent that person or organization qualifies as an "insured" under the Who Js An lnsured provision contained in SECTION li of fhe Cvverage Form, CC3MNfERCtAL AUTO CA2at80797 ~l.EASE ~EAD fT G~REF~L~Y. CA 20 48 O7 37 CQpycight, ;Insurance Seivices O~ce, Inc., 1996 Page 1 of 1 ^ ,, ,. ~VAIV~ItdJ~ 4UR1~ ' G~YT TO I~COV~I~,~Itd WL' ~1fli76 Llla 17gI1L (O ABGOVCl' aur a . ~ M OTkICRS ~i~TllORS~M~NT` eiiforce ouc ri ~ Ytxle~ts frcm anyoue liable fo,c atz itz ~xt.~t ~t yo~t ~g~'st tlit perso~ oi arga~i2a(aatt .i~Y cove~•ed b ~ pe~~or~work ~ned i.n Uie Sr.hedu1e. ; ~~~'~cy. Wa will uot . 'un.der a w~titeu coufract Uzat rec~uites ~-s a ee • P~' ~ueut a~~p]~cs outy to Uze Tlus agi~ee~n~u.t ~all uot o YDU to ob[aiu tt~is IIgz'ee.u~eilt :~~ouz us.) Peta[e cfirectly oi 'vncluect~y ~a b~ . , . ~t ~~y aue not natr~ed iu tlte Sc~iaduie. . Sci~c~ulc Blanket Waiver ' 2820 N. $oxtivro ~.. ' ' Duzh;au~, NC 27704 . - APPlies ~o a11, ~abs as requirec3 by . - . . writtezi Cor,~tract, , This ei~clorsement clutngea Hin ~okicy to which' it i& atlached ~TI1C IilfO[111aYj4R VC10~Y IR ICqU1FEfj OtlI;+N~1C1! (~1{8 gnapISL~jh ~~~. S IRSqL[I ubeequentto p~ nf,~ion oltl e' iF,o~i~y,~ ~. En~o~ement~ffecurc: ~,2I31/ZO11 . .~ l~o{icyNo.;w~,. ~04.4355 ~3 Bnc}otAemcttit714,: I. insured: bltny~y~ ~~pTF~S I~LLJtvl~iNa Sc T•IEATTN~3 ~.{} ~C ~3rrierNo.: 37354 Insurance CanParly: BUTLTJERS ~ . rCCrn'tufn; ~ MLITUAL 1TI$UTtANC''B C~. ~~'C`OU 43.I3 (a~. arRa~ ' - `Countcrsig~[ed ~y . CuPyrigh; l983' Natianal Council on Gnmpeneatinn InsnrEnc~: ` 'rYS~n ~ns~nnM1CSSSUttvCt~;r_uu~r~a, ' PtLtCd~an;tnqe 23,.3R1 N • . .• uaa~rn•:•nic