The URL can be used to link to this page

Home My WebLink About2012-098 AMS - Carolina Sunrock LLC for Pavement repair sealcoating striping and concrete repair of Link $25,584.25NORTH CAROLINA ORANGE COUNTY CONSTRUCTION SERVICES AGREEMENT THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 27th day of April, 2012 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Carolina Sunrock, LLC (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose 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 ending dates of contract: April 27th, 2012 through May 31 st, 2012. The Project Commencement Date shall be no earlier than May 7th 2012 and will be dependent on ideal weather conditions for asphalt and concrete repair. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Twenty Five Thousand Five Hundred Eighty Four pollars and Twenty Five Cents ($25,584.25) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Scope involving the asphalt repair, sealcoating, and striping for the parking lots associated with the Link ~Government Services Center parking lots as described on the attached Proposal dated 3/2/2012, as well as additional concrete demolition and repair as described on the attached drawing dated 4/24/12 to accommodate better ADA access to the facility. Proposal stipulates a total price of $25,584.25. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. 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 ar 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 Revised November 2011 1 Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION Triis Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) 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 permitted 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 Contractor 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 obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and Revised November 2011 2 z • y non-appropriation of public funds. It is expressly agreed that Owner 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 and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further 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 by the parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY By Frank . Cli$on, M ag 200 S. Cameron S . P.O. Box 8181 CONTRACTOR By ~ w Carolina Sunrock, LLC 200 Horizon Drive Hillsborough, NC 27278 Raleigh, NC 27615 's instrument has been approved as to technical content. Pam Jon epartment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. l~(. ~l~~v /J • /~l~ Office of the Finance Officer This instrument has been approved as to legal form and sufficiency. Revised November 2011 3 t/ Office of the County Attorney Revised November 2011 CAROLINA SUNROCK, LLC 211G CADIDEAT AVE, DURHADd, NC 27704 Phone: 919-956-9900 Fax: 919-956-9903 Revised Proposal Date: 3/2/2012 Attn: David CannHl ProjeM: Hillsborough Town Hall Asphalt Patching Scope of Work: Paving and Striping Carolina Sunrock Proposes To Complete the Following Items for the Hillsborough Town Hall Project The Quantities Listed Below are Approximate and will be Confirmed at a Later Date. Hillsborough Town Hall Asphalt Patching: Quantity Unit Rate Proposed Cost Asphalt Patching: Parking Lot Patching (3.0" 5-9.58) 95 Tons $ 120.D0 $ 11,400.00 'Before Patching the Utility Contractor will Remove 3" of Stone from the Trenches. S[riping and Signs: Parking Spaces 44 EA $ 6.50 $ 286.00 H/C Space 2 EA $ 50.00 $ 300.00 *There is a Minimum Charge of 5400.00 Per Mobilization for5triping . _ Hillsborough Town Hall Asphalt Patching Total: $11,786.00 Town Hall Side Parking Lot Seal Coat & Striping: Quantity Unit Rate Proposed Cost Seal Coat and Striping: SealCoating 3075 SY $ 1.45 $ 4,458.75 Parking Spaces 59 EA $ 6.50 $ 383.50 H/C Space 2 EA $ ~ 50.00 $ 100.00 *There is a Minimum Charge of 5400.00 Per Mobilization for5triping 7own Hall Side Parking Lot Seal Coat & Striping Total: $4,942.25 Police Station Parking Lot Seal Coat & Striping: Quantity Unit Rate Proposed Cost Striping and Signs: Seal Coating 1180 SY $ 1.45 $ 1,711.00 Parking Spaces 33 EA $ 6.50 $ 214.50 H/CSpace 1 EA $ 50.00 $ 50.00 12" Yellow Line Along Edge at Entrance 95 LF $ 1.50 $ 142.50 *There is a Minimum Charge of $400.00 Per Mobilizotion for Stiiping ~ Police Station Parking Lot Seal Coat & Striping Total: $2,318.00 New Flush Sidewalk and C&G at H/C Parking: Quantity Unit Rate Proposed Cost Curb & Gu[ter and Sidewalk: Remove and Replace Sidewalk 282 SF $ 6.50 $ 1,833.00 Remove and Replace Curb & Gutter (H/C Spaces) 47 LF $ 45.00 $ 2,115.00 Remove and Replace Damaged Curb & Gutter 57 LF $ 45.00 $ 2,565.00 Regrade, Seed, & Straw Back of Lowered Sidewalk 45 SY $ 5.00 $ 225.00 New Flush Sidewalk and C&G at H/C Parking Total: $6,738.00 Proposed Total: $25,584.25 1) Exclusions: Relocate or Adjust Utilities / Manholes, Cap and Demo Existing Utilities, Aspha~t Wedging, Surveying, Rock Removal, Landscaping, Permits / fees, Lights, Water and Sewer, Storm System, Erosion Controls, Demo, Grading, Rne Grading, Stone Base, Curb and Gutter, Backfill, Work Damaged by Other 7rodes, and Liquidated Damages. 2) Caroiina Sunrock, LLC will accept the subgrades after the areas have been proof rolled and the subgredes are confirmed to be at the corred proposed elevations. 3) Asphalt Prices Based on NCDOT March 2012 FOB Index. Fnal Asphalt Price will be Adjusted Per the Index Value at the Time of Paving. 4) Asphalt Prices Based on 1 Mobilization for Asphalt Paving. Additional Mobilizations will be $650.00 Each. Submitted Bv: Blake Horning ~ Office: (919) 956-9900 Fax: ~919) 956-9903 Email: bhorning@bijcons[ruction.com ~~~1 ~Z ~ ~~ ~~ ~-''"~~-`,,~'~.-`~----r° ~-._...~__.y~, ``"'~• , -~ " ',~`"'°F ' ,~~? S ~-~,_ ~~~2:::~~- t G ~' , .. .. T E ~ ~( ~ W kirv f~~rS.r~ ~1 c z~ ~f-~ ~ ` ~..., F ~w _,,,r. . 4 ~" ~^ ~ }~-{~L4q~' ~r1~ +S ~ i _ . F ~ ,,~ ~ ~"-:~~x~."`~.i:c., ~,L cti wi ~" -` ~~ t.Z a~at-~ ~>~i s Gy / i r-•d 7yt z- ~~ ,..._°~3 -~K~., ~1""J 3. t b;:rw~ '~ a s..~~ ~ `f' ~~~~ pi'"ir~:. ',~".' ~i,..~~.~...... ~ ~,y~ `-~~'i~j ~ it' ~'U°'^-"~`'.a° ,,..`~'j / .+C~.r "~~ _ , ,... -s- ; ., . r ,. , . _ , . ~ " '~` '~° ' ~~ ~ ~, ` ,,--~ ' v . . ..~~~~~y - ^.... '~ ~ .,. _..,... F , ~~.- .._ .~ ; ' ~ ,. ~^!'~' - ~ ~\. ~ . ....~„ _ ._ ..,... - _.. . ~ , r: f f'~ , . -»«. ..._ .4,, . '. . _... ._.........,... . . ...:-.~,~:. - .....-, ..,~..,. ~ : ~iai°~ ~ . ~ ._....~ .~...~f1a~ a~w~, r~ ~'~ t... ~ T~'n..~~-`)`,*„"",_a3>.... "-~> ~ ~.~.,. -- ~°'Li..'r'~}i~~ ~~,.t-r~'f-~...~..~`~s, ~,},~___~ ,~ ~.`'-::i~..:~`w ~',c,iJs.T~i.::"' .. . , '"-~ ~- * .. . ~y a '~ ~. ~,.e yf ii..s:,e v ; ~ ~ ni ~ ~ ~' ~ ... ~ ~ 1^{~ ~ ., ew ~~. _ ... ....... . , ~ . ~ ~ (` _. .. W.. _... ...; .W.~ ~ , - . . . .. . ._..., - .. ~ "~..w _... .~„ ., w.,_ .,......,_..-......_ . ._.,_- ....,...~ . 1. ~f p SS~ y G4. _-_._ ..v..~_ . . .._ _ ___ ~ ~.......__.._ g ~ F ~~C.ieJ7~ lyr~1~ _ . _ ~.. _ _ _ ~--~ ~: ., , _ ______. __,___~~ _,.~,.~,,~ 1_~~`a ~ ~` ~~ ~ . ,~ *~y,y ~`~ x-,u~~,~:.~:. ~`~ ~ i:Rr}T_tG.:~°g,._~ ... f=> ry y~.-~' ~:}~,.t A i ,~ , s;° ~~ r I++`s ~ ~~~ ir~ ../~ ~/~~....._~.:~,«»,m~.,r°_°'_'^'w.w..w.,~... i~" ` I:/~ N~ ~ ~ i^~~Y*f~~~+~ ~; W ~-fl~~s~~ F~~jX1L ~rv.rYyr.:~!"'fW ~~` 3 ~'a~„ i ~ ."d^«..,.~ •.-• i 1 .N `w~^ .3~ ~/~ ~.. r . ' . i.J ~ ~ i3. ~. % ~ y~.1VS\#_ ~ ~ ~ CT"~~ ~"PwY~v~i~M~ ~~w`~~i'~`8 ~Lb. ~ '\~ `'.~ ~z£ ~ ~jj ~p4~ ~~.f: ~,`~"~>'t GK. ~63`~~ y~ ; $. ~ ~ fff ~ ~ } 4 7 . ^....X' :,`,. ti `~. . ~ \ ~ ~ "~ („i i4 '~~; .~..»...r'~,p ~ ~. a _. .~ ~ E~ ~ i./. ~µ p~ 1 ~ ~ S ~ 1 ~~ ~ ` ~ \ .. ` ~ ~~ ~ ~ i ~,. _.: y . y `~ w .. 's ~c ,,,.y~,,'""'°^_~. ;~ ~ E ~ ~ ~ .._. „ _ "„M-e-. ,,°1 , ~ i ~ ,~' ~r' :~:•„ ~,„,..,_._.,. ~~......,... ~_._.. ~ _ , ~,,,,....,..,..._.. ~.... ~ r ~ . '°r~'" ~ ~ ~..,... Y" s^ ~' _ _ _ _ ,. ~,~ ! _ ! # ~• ~~ r! ~(y y~ L:' r ~~~~e"_.d `- ~-' i?~~.a..'.FAL.~ ~~~~'~atN~ ,,_~, j ~ ~~ ~ ~ ~ ~~Y;;~"<`9 `~'~~YAi'~:.. ~~~;y~3 .~_ ~, ~r i ~ ; ~ > ~ ;,~ ~~ ~+~, ' ~i E,~~`°~~- _ t f~±~S~ ~~l~r~ls~i~i.~a~ ~s:'~,~,..°'7ai '~'" ~`°L~`~f`~t~.. ~..~'. ~ '°'+ ~ ~'~.'1 ` 3 ~~ .:' ~s ~=O.~"~%7'f~::{,' y:., t :."~ ; ~ , ~ ~c~.{~L~i§C..t: gt~°s.."s-~i, Lt`s'o ~'~ ~ ~i.i 3i~~.-~:. # f t ~ ~~ ~~ fi ~..~''+.~V ~rt"' ~Y~..t~. ~, ~{'~ . ~ 7 • l ~~ ~,d`s7` ~ , s X' -. t ~~ ~~ ~ ` , f ~ , J .~/ ~ }~t~tiy !~-~-f~ ~7.4~s~`~a ~ i.,;r ~.:..~::€:- jks ~tis`f'i '~r.sJ.~ ~s ~ ~~~ ' j' ~ , ~~~~N..a^:~ ~~~ ~ /:<.f i ~., ~ j .3 ' _ € ~ -^ ,,,_....% Y ~ ~.,,p„ ..~ p ~ i ~',fwi~(..s`-.t+{: Lv`:Y7~ !"1..c,;"<jx'~ '~'~,,'~~ '~S""` l~,~,.";T a ~~~tl~•r~ ~ "°- ~ ~ ~ ~? ~} . .: s' 1 f jL i ~~~ ~ ~~t:.tS ~ ~1«At~°~3,y 7"5~~.?:°..: ,°~,` ~ Lv i Lvr+b .J ~-~t` ~?.:%W-'~ . ~ ~ 3 1 ..~...`o+~`,~ ~'~7~...t' ~j, $ '„""'`'`~ ~` ~ 'rr° _ ~~ ~ '.,.~w..~../°`.~+w,~~...- '1 ' " ~~~ ~ ~ ' {~ p: ~ .. Iy~F'°'{ ~,_ ~ I ~ f V fi ~ ~~~ ~. ~ ~ ~~ _ ~~ ~:-.,~~..,-~ ~s ,f"~ r 3y ~{. d ~~ ~`' , .~.' ~ ,~ , ,,. f'" , ; . .....:......_; ~..~ ~ : '~ . .J~ F Y j £ ~. } t . !5 1~ ~ ~ .:.~_. ~~. ACORO~ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) oa/ii/zoiz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-713-623-2330 CONTACT geverl Peaka NAME: Y Arthur J. Gallagher Risk Management Services, Inc. PHONE ' F'~ , 713-358-5826 713-358-5827 No NC No : 1900 West Loop South pppR~ESS: Beverly Peska(~ajg.com Suite 1600 TX 77027 ~ Houston INSURER S AFFORDING COVERAGE NAIC # , Rena Deea 713-358-5758 INSURERA: ~TFORD FIRE IN CO 19682 INSURED INSURERB: GREAT AMER INS CO 16691 Carolina Sunrock, LLC HARTFORD UNDfiRWRITERS INS CO INSURER C : 30104 200 Horizon Drive INSURERD: Suite 100 i INSURERE: Rale gh, NC 27615 INSURER F: COVERAGES CERTIFICATE NUMBER: 2658413z REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUBR Y EFF ~ LTR 7YPE OF INSURANCE pOLICY NUMBER D MM% MM/DD~ LIMRS A GENErtALLIABILITY X 61iTENOC1082 03/O1/1 03/O1/13 EpCHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY AMAGE O RENTED PREMISES Ea occurtence 500, 000 $ CLAIMSMADE ~ OCCUR MED EXP (Any one person) $ 10, 000 PERSONALBADV INJURY $ 1, 000, 000 GENERALAGGREGATE $ 2.000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $2.000,000 X POLICY PR~~ LOC $ A AUTOMOBILELIABILITY X 61IIENOC1407 03 O1 1 03 O1 13 COMBINEDSINGLELIMIT Ea acadent 1,000,000 A X 61LTENOC1081 03/O1/1 03/O1/13 ANY AUTO gODILYINJURY(Perperson) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X NON-0WNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident X $250 Ded. g $500 Ded. g 8 X UMBRELLaLIA6 X pCCUR TIIU557817404 03/O1/1 03/O1/13 EqCH OCCURRENCE $ 20,000,000 EXCESS LIAB CL4IMS-MADE AGGREGATE $ 20, 000, 000 DED X RETENTION$ 10, 000 $ C WORKERSCOMPENSATION ' 61WEOC1080 03~01~1 ~3/O1/13 X WCSTATU- OTH- AND EMPLOYERS LIABILITY ANYPROPRIEfOR/PARTNER/EXECUTIVE~ E.L.EACHACCIDENT $ 1,000,000 OFFICERlMEMBER EXCLUDED7 N N~A (Mandatory in NH) E.L. DISEASE- EAEMPIOYE $ 1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1, 000, 000 $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD t07, Additional Remarks Schedule, if more space Is requlred) Certificate Holder is named Additional Insured where required by written contract on all policiea except Workera Compensation. Orange County, NC ie granted 30 Days Written Notice of Cancellation, Non-Ranewal or material changa in coverage as required by written contract. See attached for additional coverage information. (_FRTIFI(:ATF Hnl I']FR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County, NC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. BOx 8181 AUTHORI2ED REPRESENTATNE Hillsborough, NC 27278 ?'~/~.~ ~~ USA O 1988-2010 ACORD CORPORATION. Au nghts reservea. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD bevpesk 26564132 Additional Insureds When Required By Written Contract, Written Agreement or Permit - Vendors Reference: HG0001, Section II,6,a The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily Injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; ( fl Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs (d) or ( fl; or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. Additional Insureds When Required By Written Contract, Written Agreement or Permit - Lessors of Equipment Reference: HG0001, Section II,6,b The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Additional Insureds When Required By Written Contract, Written Agreement or Permit - Lessors of Land or Premises Reference: HG0001, Section II,6,c The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Additional Insureds When Required By Written Contract, Written Agreement or Permit - Vendors Reference: HG0001, Section II,6,f The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respects to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included with the "products-completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured, and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. Additional Insureds Other Insurance Reference: HG0001, Section IV,2,e If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 04/11/2012 NAME OF INSURED: Carolina Sunrock, LLC Additional Descriation of Ooerations/Remarks from Paqe 1: Additional Information: Named Insureda: Carolina Sunrock LLC; Sunrock Group Holdinga Corporation; Rock Rasources, LLC; Person Capital, LLC; Safway, LLC; RDII Rock, LLC; Chappell Rock, LLC; Dutchville, LLC; Six Forks Capital, LLC; SPCAR LLC; Granville Investments, LLC; Tar River Farm LLC; Brassfield Capital Resources LLC; Third Rock, LLC; Zebulon Rock, LLC; Butner Propertiea LLC GENERAL LIABILZTY: * Additional Insured-Broad Vendor as Reguired by Written Contract per form No. HG0001. * Additional Snaured-Lesaors of Equipment as Required by Written Contract per form No. HG0001. * Additional Inaured-Lessore o£ Land or Premiae as Required by Written Contract per form No. HG0001. * Additional Insured-Any Other Party as Required by Written Contract per form No. HG0001. * Primary and Non-Contributory as required by Written Contract per form No. HG0001. * Waiver of Subrogation as Required by Written Contract per Form No. HGD001. AIITOMOBILE: Auto Liability: Trucks/Tractors/Trailers $1,000 Ded. Comp & Coll; $2,000 Ded. for Comp & Coll for Private Passenger Vehicles valued over $40,000. * Additional Insured Lessor as Required by 4Vritten Contract Form No. HA 99 16 09 10. * Additional Insured as Required by Written Contract Form No. HA 99 16 09 10. * Primary and Non-Contributory as required by written contract Form No. HA 99 16 09 10. * Waiver of Subrogation as Required by Written Contract per Form No. HA 99 16 09 10. * MSC 90 - $1,000,000 WORItERS' COMPENSATION: * Waiver of Subrogation as Required by Written Contract. Form No.WC 00 03 13. SUPP (05/04)