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2012-297 AMS - Southern Piping Co for SportsPlex Renovations
.�J [Departmental Use Only] TITLE Sportsplex Dectron FY 11-12 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$1,000,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT(hereinafter called "Agreement"), made as of the 13th day of July, 2012, by and between Southern Piping Company, (hereinafter called the "Contractor"), and Orange County, a body politic and a political subdivision of the State of North Carolina, (hereinafter called the "Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings and Written Specifications. The Contract Documents form the Contract and are fully incorporated herein. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and/or Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by N/A (Sheet dated ) b. Written specifications prepared by the project engineer. c. Attached response to Bid#1650 proposal dated May 9, 2012 which fully describes the work to be performed, such work(hereinafter called the "Work"). d. Related documents listed under Section 1 above. 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed. Revised November 2011 b. The Contractor agrees to complete substantially all Work included by November 30, 2012. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. 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 the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, 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 Contractor. e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Contractor's services under this Agreement. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/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 Revised November 2011 2 state of suspension or revocation. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Two Hundred Nineteen Thousand Dollars ($219,000). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's Representative, generally the architect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. i. The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner's Representative at PO Box 8181, Hillsborough NC 27278 and shall show substantially the value of work done during the previous calendar month. ii. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%). 1. Upon Owner's Representative's certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Owner's Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 6. INSURANCE AND BONDS a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor and evidence thereof submitted to Owner. All required insurance shall be procured from insurance companies licensed to do business in North Carolina with a Best's Insurance Guide Rating of A- or better. Coverage for the following types of insurance shall be maintained continuously during the life of the Project until Final Revised November 2011 3 Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion of the Work for the following types of insurance in the amounts listed: i. Worker's Compensation Insurance with limits for Coverage A Statutory - State of North Carolina and Coverage B Employers Liability $500,000 each accident and policy limit and disease each employee. ii. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000,000 Aggregate). iii. Contractual Liability (Bodily Injury and Property Damage $500,000 Each Occurrence; Property Damage $1,000,000 Aggregate). iv. Personal Injury, with Employment Exclusion deleted ($1,000,000 Aggregate). v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 Each Occurrence). b. Additional Insured — The Owner shall be named as additional insured on all forms of insurance except Worker's Compensation. Each certificate of insurance and policy required hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written notice to the Owner of such alteration, cancellation, or elimination, the written notice to be sent by Certified Mail." c. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(c) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00) or more. 7. INDEMNITY a. The Contractor shall indemnify and hold harmless to the extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. Revised November 2011 4 b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. In the event any such lien is filed against Owner's property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, 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 such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c) specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract Documents the architect shall serve as the initial decision-maker, unless there is no architect retrained on the project related to the Work. Owner and Contractor further agree as follows: i. If there is no architect retained for the Work, Owner and Contractor agree, prior to the initiation of any civil litigation, to submit to mediation by agreeing on an individual to serve as mediator to mediate the dispute. ii. Should the Owner and Contractor fail to mutually agree on an individual to serve as mediator Owner may select a mediator to mediate the dispute. iii. Any mediator selected under this section shall be an attorney licensed to practice law in the State of North Carolina and shall be generally recognized as having experience in mediating construction disputes. iv. Owner and Contractor agree to equally share in the cost of a mediator selected under this section. b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. Revised November 2011 5 iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON—APPROPRIATION a. 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. b. 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 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. c. 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. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County Southern Piping Company/Raleigh Division Attn: Jeff Thompson Attn: Scott Henry P.O. Box 8181 PO Box 90455 Hillsborough,NC 27278 Raleigh,NC 27675 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and/or the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and/or any code or law. Revised November 2011 6 d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor's expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Architect under this section shall be paid at Contractor's expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: i. Damages incurred by Owner for loss of use, income, financing, or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. b. Liquidated damages shall be in accord with the Contract Documents. 13. TERMINATION OR SUSPENSION a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. i. If Owner orders a delay, suspension or interruption of the Work, and such order is not due to or as a result of any fault on the part of the Contractor, the Contractor may recover a per diem amount at a rate calculated by N/A. ii. If Contractor elects to accept the amount listed in the General Conditions provision of the Construction Documents Contractor waives any right to further claims for payment of damages sustained as a result of Owner's order to delay, suspend or interrupt the Work. b. Contractor may terminate the Contract if, at the Owner's written direction,the Work is stopped for thirty (30) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order that requires all work to be stopped and such stoppage lasts for thirty (30)consecutive days. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to-Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Revised November 2011 7 Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR Sig Signatufe Printed Name and Title Attest: Don di Baker, Clerk to the Board This instrument has been approved as c to te is o n Jefy Mf;mp�son,for, Department Dir to This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. qa."� �, jW_._. Office of the Finance Director This instp9nent has been approved as to legal form and sufficiency. Office of the Co y Attorney Revised November 2011 05/22/2012 14:29 FAX 9199578768 SOUTHERN PIPING RALEIGH Q001/003 COUNTY OF ORANGE FINANCIAL SERVICES—PURCHASING PO BOX 8181 HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE COUNTY BID NO. 1650 May 9, 2012 ATTENTION: INTERESTED VENDORS Orange County requests your competitive quotation to furnish the item(s) listed below for the Orange County Department, Hillsborough, NC. Please transmit this quotation via facsimile or deliver by hand or U.S. Mail, to the Orange County Purchasing Agent-fax#(919)636-4913(NEW!!),200 South Cameron Street, Hillsborough, NC 27278 by May 22, 2012 at 3:00 PM ITEM QTY COMMODITIES/GOODS OR SERVICES TOTAL COST # LUMP SUM COST FOR REPLACING THE 1 1 HEATING/COOLING/DEHUMIDIFICATION SYSTEM AT THE ORANGE COUNTY SPORTSPLEX PER ATTACHED SCOPE OF $ 2 � WORK Will any people working on this job make less than $10.33 per hour YES NO X If yes,the lowest hourly wage to be paid any employee shall be: $ /HOUR TIME IS OF THE ESSENCE AND MAY BE CONSIDERED WHEN MAKING AWARD! PLEASE STATE START DATE IF YOU ARE AWARDED THE JOB !Z wasKS AF4e✓Mb-&e-*t ryo c45EQ PLEASE STATE THE NUMBER OF DAYS TO COMPLETE THE WORK- DAYS PLEASE SEE ATTACHED INSTRUCTIONS TO BIDDERS License -742-7-- !!����FIRM NAME em BY ADDRESS -75'0 0 'R-eCT 00 D'Ve- FAX: q {P�pos�t,►r1uSLl��siVef�iq wr�ng) TELEPHONE: `COO/``iO qS7` �p22-6 EMAIL: Jay( • n✓ �OVM ► 1 h�. �o� 05/22/2012 14:29 FAX 9199578768 SOUTHERN PIPING RALEIGH 1a002/003 SPECIFICATIONS PROJECT SPECIFICATIONS Project: REPLACING THE HEATING/COOLING/DEHUMIDIFICATION SYSTEM Building/Facility: Sportsplex Location: 101 Meadowlands Drive, Hillsborough, NC 27278 Orange County intends to replace its Sportsplex pool heating/cooling/dehumidification system.The original system, installed in 1994 is a Dectron RS 182-43/10215-2 system and has reached the end of useful life. Orange County is not retaining'a design engineer for this project. A successful bidder will provide turn-key procurement and installation of a Dectron RS- 182 system (conventional with return air plenum)or pre-approved equal (submit to dcannella-co.orange.nc.us) prior to bid opening.. Installation will include all permitting, lifts, cranes, and other construction materials for the installation. Orange County will provide 1 day of unoccupied spaces for the installation (parking lot, roof, and pool interior) 1. The basis of design is the existing Dectron unit or Munters or equal; 2. Installation requires an authorized factory startup and commissioning protocol supervised by the manufacturer's representative Orange County reserves the right to request documentation 3. Bidders must have successfully installed at least three similar systems within the past five years. The state the location, system and date of installation. Please provide details and current contact info. Attached are a series of performance parameters and related information that will guide the successful bidder for this project: 1. Job Summary(2 pages): Environmental parameters desired, as well as ambient weather and climate conditions; 2. Normal Mode Summary(2 pages): Desired specifications for optimal operating performance; 3. Dehumidifier Unit Schedule (3 pages): Desired specifications related to the dehumidification function; 4. Current Operations Sequence Report(3 pages): Narrative on current system setup and desired outcomes; Please state the make/model of the unit bid -P4C-C_ -YbV1 05/22/2012 14:29 FAX 9199578768 SOUTHERN PIPING RALEIGH Cj003/003 `xrxtR .I 0. ti It s-4 Orange County Financial Services Department ADDENDUM#1 May 17,2012 Sportsplex Replacing Heati /Conlin Humidifiaction System Bid Number- Bid#1650 To all Vendors: Modifications to bid documents for the above named Request for Proposal are made as follows and shall be included in the proposed amount. The following questions have been received: 1. Refrigerant from current unit will be properly removed by third party before successful contractor begins work 2. Successful contractor shall be responsible for properly disposing of old unit 3. Successful contractor shall submit and follow an OSHA approved evacuation plan 4. Any work required to repair the roof(due to removal of old unit,and installation of the new unit)shall be the responsibility of the successful contractor All other terms and conditions shall remain the same By:.David E.Cannell, Purchasing Agent; dcannell fto.orange.nc.us —(919)245-2651 A signed copy of this addendum shall be included with the bid submitted by your company Company Name: (mil /te✓h / !►1 W 14Yt By: �/� Date Received: I f P.O. Box 8181 200 South Cameron Street Hillsborough, North Carolina 27278 Telephones: Area Code 919 245-2651 Fax:919 644-3324 Page I OP ID:EL CERTIFICATE OF LIABILITY INSURANCE F DAT 07105D/YYYY) 07105!12 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 CONTACT PRODUCER Corporation AA 919-469-2473 PHONE Erin Lunsford FAx 4325 Lake Boone Trail 919-467-4987 .919-469-2473 Arc No):919-467 4987 Suite 200 E-MAIL Raleigh,NC 27607 AROpU� lunsford trisure.com Alphin&Associates, LLC o SOUT-21 INSURERS AFFORDING COVERAGE NAIC# INSURED Southern Piping Company INSURERA:Union Insurance Company 25844 dba SPC INSURER B:Hanover Insurance Company Kim Holder 7500 Precision Dr INSURER C: Raleigh,NC 27617 INSURER D: INSURER E: COVERAGES CERTIFICATE NUMBER: 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 TypE OF 3NSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLIG NUMBER GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY X CPA0126609 12/01/11 12/01/12 PREMISES Ea occurrence $ 500,00 CLAIMS-MADE I I OCCUR MED EXP(Anyone person) S_ 10,00 X Contractual Liab PERSONAL&ADV INJURY S 1,000,00 X XC&U Included GENERAL AGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,00 POLICY - PRO- LOC Emp Ben. S 1,000,00 AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,00 A X ANY AUTO CAA0126608 12/01/11 12/01/12 (Ea accident) BODILY INJURY(Per person) S ALL OWNED AUTOS BODILY INJURY(Per accident) S SCHEDULED AUTOS COMP/COLLISION APPLIE -- PROPERTY DAMAGE $ X HIRED AUTOS VEHICLES 2002 AND NEW (Per accident) X NON-OWNED AUTOS $ S X. UMBRELLA LIAB _...X_._OCCUR — _ _._— __--. _----- ...__ .__ _._ .. __.. - EACHOCCURRENCE --.. . .5. _......--10,000,00 A X EXCESS LIAB CLAIMS-MADE AGGREGATE S 10,000,00 CPA0126609 12/01/11 12/01/12 DEDUCTIBLE EXCESS S X RETENTION 0 Umbrella $ 11,000,00 WORKERS COMPENSATION X TORY TA ITS OER AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y� NIA WCA012692510 12/01/11 12/01/12 E,L,EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,00 B Leased&Rented IHR9366475 12101111 12101/12 Limit 250,00 Equipment I IDed 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:Sportsplex Dectron County of Orange is named as additional insured under general and automobile liability If required by written contract. Cancellation provision applies. CERTIFICATE HOLDER CANCELLATION ORA8181 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Count Of Orange THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y g ACCORDANCE WITH THE POLICY PROVISIONS. Financial Services P 0 BOX 8181 AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD 44 POLICY NUMBER: CPA0126609 CL IL 0106 04 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MATERIAL COVERAGE CHANGE OR CANCELLATION NOTIFICATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)and mailing address: Location and Description of Project County of Orange Sportsplex Dectron Financial Services PO Box 8181 Hillsborough, NC 27278 A. The following replaces the notice of cancellation requirements, as provided in paragraph 2. of the North Carolina Changes-Cancellation and Non-renewal Endorsement: We will not cancel or reduce coverage under this policy without providing at least 30 days notice of our intent to do so. Notice of such cancellation or reduction of coverage will be provided by certified mail, return receipt requested, to the Named Insured and the Additional Insured in the schedule above. CL IL 01 06 04 08 Q ISO Properties, Inc., 2004 ❑