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HomeMy WebLinkAbout2014-466-E AMS - Tile Restoration, Inc. for WHSC initial sealing process $4,580 EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 [Departmental Use Only] TITLE WHSC Initial Sealing FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 13th day of August, 2014, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Tile Restoration, Inc. (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: per proposal dated 07/20/2014 The term of this agreement rendered shall be from August 22, 2014 to September 1, 2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Four thousand five hundred eighty, ($4,580). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 7/14 1 EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 incorporated herein by reference and may be viewed at hLtp://orangecouniync.gov/purchasing/cogtracts.a . If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager, 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signatures: 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 in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law-aw- Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate.In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 7/14 2 EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: 13owmL l�aw�KuU, F,u d 0.-Qd Akli cw By' � By' ���,8... County anager 200 S. Cameron St. Tile Restoration, Inc. P.O. Box 8181 119 East Main St,PO Box 160 Hillsborough,NC 27278 Hookerton,NC 28538 Revised 7/14 3 EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G14323BDl35 I PA SaniGLAZE ■k Your Flooring 6-TIP ■Solution Resource s ONO 119 East Main Street Hookerton, NC 28538 Phone: 866-327-4600 Fax: 252-747-8931 Freddy Brooks Phone: 919-245-2631 Date: 7/20/2014 Orange County Public Works Fax: 919-644-3043 Rep.: Brad Albritton 600 Highway 86 North Email: fbrooks @orangecountync,gov Cell : 252-916-2045 Hillsborough, NC 27278 Process Description of Area-Whitted Building Price 1 SaniGLAZE GroutGLAZE Custodial Closet 20 C $275.00 1 SaniGLAZE GroutGLAZE Men's Restroom 20OF $1,450.00 1 SaniGLAZE GroutGLAZE Women's Restioom200E $1,815.00 1 SaniGLAZE GroutGLAZE Toilet Resttoom234 $275.00 1 SaniGLAZE EnduraGLAZE Toilet Restroom 213 $765.00 GroutGLAZE Process Clean and Rep Tile and Grout 6'r Sealing Application of Non Porous Resin EndumGLAZE Process(f room is not renovated) Removal of Contamination from tile and grout surface Prep to grout line for restoration Application of Non Pbrous Resin Application of Topical Scaler SaniTE(H A Fee of 2.5%will be added for all Credit Card Transacfons Terms:Net 20 Days TOTAL $4,580.00 Please Remit All Contracts,PO's and Payments To: Tile Restoration Inc. 119East Main St PO Box 160 Hookerton NC 28538 Proposal Valid for 30 Days Delivery to Job,Sales Tax and Installation are included. All services guaranteed as specified. All work to be complete in a workmanlike manner according to standard practices. Any alteration or deviation from this proposal involving extra costs will be executed only upon written orders,and will become an extra charge over and above the proposal. All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Evidence of Insurance will be provided upon request.Any special requirements or endorsements may incur additional charges. We do not waive any rights of subrogation against contractor or owner for any loss covered by insurance of any type. SaniGLAZE Restoration Service is warranted against material defects and workmanship and extends indefinitely as long as the EverGLAZE Program as prescribed is incorporated in the ongoing maintenance.Glazing Compound colors on color chart represent actual Glazing Compound material.Once applied,colors may vary depending on original grout color,porosity and other factors.**Tile Restoration will take all precaution to protect adjoining flooring,walls,materials etcetera from exposure to water and/or chemicals.Any damage that may occur from contact from water and/or chemical is not the responsibility of Tile Restoration Inc and its staff. Any changes or additional work required or requested by the owner,will be done at an additional charge and must be written. I hereby give Tile Restoration Inc authorization to do the work specified and payment will be made as outlined above. EpdvTjho!Fowf Ipgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 A`�°O® CERTIFICATE OF LIABILITY INSURANCE 8/14/2014' 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 Leanne Turner NAME: Jake A Parrott Insurance Agency Inc PHONE (252)523-1041 FAX (252)523-0195 A/C No 2508 N HERRITAGE STREET ADDRESS:lturner @parrottins.com PO BOX 3547 INSURERS AFFORDING COVERAGE NAIC# KINSTON NC 28502 INSURERAMAIN STREET AMERICA ASSURANCE 29939 INSURED INSURERBNGM INSURANCE COMPANY 14788 TILE RESTORATION INC INSURER C: C/O ALBRITTON CO INSURER D: PO BOX 160 INSURER E: HOOKERTON NC 28538-0160 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1311506507 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 POLI CIES.LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAID CLAIMS. 1�7R TYPE OF INSURANCE ADSL WVDR POLICY NUMBER MMIDIDY� MM/DDY� LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 500 000 PREMISES Ea occurrence $ � A CLAIMS-MADE Fx_]OCCUR APK8262X 11/7/2013 11/7/2014 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 X DEDUCTIBLE: $0 GENERAL AGGREGATE $ 2,000,000 GENI AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED 2K8262X 11/7/2013 11/7/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident L I Medical payments $ 2,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I X I RETENTION$ 0 CUK8262X 11/7/2013 11/7/2014 $. B WORKERS COMPENSATION X WCYSTATU- LIM TS I OTH- AND EMPLOYERS'LIABILITY YIN ANY OFFICER/MEIMBOER EXCLUDED?ECUTIVE Y N/A E.L.EACH ACCIDENT $ 1,0001000 (Mandatory in NH) K8262X 11/4/2013 11/4/2014 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is an additional insured under form #BPM3105 (ATTACHED) . Coverage for the additional insured will be primary/non-contributory if required in the written contract or agreement between the parties. Insurer waives the `Transfer of Rights of Recovery Against Others to Us' clause if required in the written contract between the parties PER FORM BP 0497 (ATTACHED) . The endorsement s amending the business owners liability coverage form includes several additional insureds automatically. The endorsement states that additional insured status is only provided if there is a written contract or agreement between the parties requiring such status. AUTO: Insurer agrees to waive the `Transfer of CERTIFICATE HOLDER CANCELLATION tcomar@orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ORANGE COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 8181 600 HWY 86 NORTH AUTHORIZED REPRESENTATIVE HILLSBOROUGH, NC 27278 Leanne Turner/LEANNE ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 ownnm m Tha Ar-r1Rfl Tama nnrl Innn mra ranictararl marlrc of ARr1RrT EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 COMMENTS/REMARKS Rights of Recovery Against Others to Us' clause. PER FORM 64-8722. EXCLUDED OFFICERS IN W/C COVERAGE: DAVID ALBRITTON, CHARLES ALBRITTON III OFREMARK COPYRIGHT 2000, AMS SERVICES INC. EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 BUSINESSOWNERS BPM 31051207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM 2. Any manager or lessor of premises to whom you A.Additional Insureds are obligated by virtue of a written "Insured Con- tract"to provide insurance such as is afforded by Each of the following is added to Paragraph C. Who this policy, but only with respect to liability arising Is An Insured of BPM P 2—Section II —Liability but out of the ownership, maintenance or use of that only as specifically described by the following: part of the premises leased to you. This insurance does not apply to: 1. Any person(s) or organization(s) for whom you a. Any "occurrence"that takes place after you cease are performing operations is also an additional to be a tenant in the premises;or insured, when you and such person or organiza- b. Structural alterations, new construction or tion have agreed in writing in a contract or demolition operations performed by or for such agreement that such person or organization be additional insured. added as an additional insured on your policy. 3. Any state or political subdivision, subject to the Such person or organization is an additional in- sured only with respect to liability for "bodily in- jury", "property damage", "personal and advertis- a. This insurance applies only with respect to ing injury"caused in whole or part, by: operations performed by you or on your behalf a.Your acts or omissions; or for which the state or political subdivision has b. The acts or omissions of those acting on your issued a permit. behalf; b.This insurance does not apply to: In the performance of your ongoing operations (1) "Bodily injury", "property damage", "personal or "your work" included within the "products- and advertising injury' arising out of opera- completed operations" hazard for the additional tions performed for the state or municipality; insured at the location designated and described or in the written contract or agreement. (2) "Bodily injury" or "property damage" included This insurance does not apply to "bodily injury", within the "products-completed operations "property damage" or "personal and advertising hazard". injury" arising out of the rendering of, or the fail- 4. Any person(s) or organization(s) who is the lessor ure to render, any professional architectural, en- of leased equipment leased to you, and required gineering or surveying services, including: by the lease to be included as an additional in- a. The preparing , approving, or failure to pre- sured but only with respect to liability for"bodily pare or approve, maps, shop drawings, opin- injury", "property damage" or "personal and ad- ions, reports, surveys, field orders, change or- vertising injury" caused in whole or part, by your ders or drawings and specifications; or maintenance, operation or use by you of equip- ment leased to you by such person(s) or organi- b. Supervisory, inspection, architectural or engi- zation(s). neering activities. With respect to the insurance afforded to these additional insureds, this insurance does not ap- ply to any "occurrence" which takes place after the equipment lease expires. BPM 31051207 Includes copyrighted material of ISO, Inc. with permission Page 1 of 2 ❑ INSURED COPY EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 5. Any architect, engineer, or surveyor engaged by C. The following is added to Paragraph H. Other you but only with respect to liability for "bodily in- Insurance of BPM P 3 —Section III -Common Pol- jury", "property damage" or 'personal and adver- icy Conditions: tising injury"caused, in whole or part, by: a. Your acts or omissions; or Primary Additional Insured — If a written contract b. The acts or omissions of those acting on your or agreement or permit requires this insurance to behalf; be primary for any person or organization with in the performance of your ongoing operations whom you agree to include in paragraph C. Who performed by you or on your behalf. Is An Insured of BPM P 2 —Section II —Liability, this Other Insurance provision is applicable. This The insurance does not apply to "bodily injury", insurance is primary. This insurance is also non- "property damage", or 'personal and advertising contributory which means we will not seek contri- injury", arising out of the rendering of or the fail- bution from other insurance available to the per- ure to render any professional services by or for son or organization with whom you agree to in- you, including: clude in Who Is An Insured. a. The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, sur- veys, change orders, designs or specifications; and b.Supervisory, inspection, or engineering ser- vices. 6. Any person or organization as mortgagee, assignee or receiver, but only with respect to liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of the premises by you. This insurance does not apply to: a. Any 'occurrence" that takes place after you ease to be a tenant in that premises; or b. Structural alterations, new construction and demolition operations performed by or for that person or organization. B.Artisans Legal Liability Paragraph B.1.J, Exclusions, Professional Services of BPM P 2—Section 11—Liability is amended as follows: Professional services do not include those services employed by you in connection with your opera- tions in your capacity as a construction contractor. This includes: 1. Construction means, methods, techniques, se- quences and procedures, 2. Misinterpretation or wrongful application of designs, specification, drawings, surveys, maps, reports, opinions or change orders, and 3. Incidental systems or product amendment that is necessary for installation, service or completion of work performed by you. Page 2 of 2 Includes copyrighted material of ISO, Inc. with permission BPM 31051207 ❑ INSURED COPY EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 POLICY NUMBER:MPK8262X BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization: As required by written contract or written agreement provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III —Common Policy Condi- tions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. BP 04 97 0106 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ INSURED COPY EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 POLICY NUMBER:MPK8 2 6 2X BUSINESSOWNERS BPM 3102 1207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS INCLUDING COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE* Name of Person(s) or Organization(s): See BPM S Al *Information to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Liability is amended as follows: The following is added to Paragraph C. Who Is An Insured: 4. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for"bodily injury,""property damage,""personal or advertising injury"caused in whole or part, by: a. Your acts or omissions;or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations or "your work"included within the"products-completed operations"hazard for the additional insured(s) at the location(s) designated above and described in the written contract or agreement. BPM 3102 1207 Page 1 of 1 INSURED COPY EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 POLICYNUMBER: B2K8262X COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. 1. BROAD FORM INSURED B. Employees as Insureds A. Subsidiaries and Newly Acquired or Formed Paragraph A.1. -WHO IS AN INSURED —of Organizations SECTION II - LIABILITY COVERAGE is The Named Insured shown in the Declara- amended to add: tions is amended to include: Any "employee" of yours while using a cov- (1) Any legally incorporated subsidiary in ered "auto" you don't own, hire or borrow in which you own more than 50% of the your business or your personal affairs. voting stock on the effective date of the C. Lessors as Insureds Coverage Form. However, the Named Insured does not include any subsidi- Paragraph A.1 - WHO IS AN INSURED of ay: Section II - LIABILITY COVERAGE is (a) That is an 'Insured" under any other amended to add: automobile policy or e. The lessor of a covered "auto"while the (b) That would be an "insured" under "auto" is leased to you under a written such a policy but for (i) its termina- agreement if: tion or (ii) the exhaustion of its Limit (1) The agreement requires you to pro- of Insurance. vide direct primary insurance for the (2) Any organization that is acquired or lessor and formed by you and over which you (2) The "auto"is leased without a driver. maintain majority ownership. However, Such a leased "auto" will be consid- the Named Insured does not include ered a covered "auto"you own and any newly formed or acquired organiza- not a covered "auto"you hire. tion: (a) That is a partnership, joint venture 2. ADDITIONAL INSURED BY CONTRACT, or limited liability company, PERMIT OR AGREEMENT (b) That is an 'Insured" under any other The following is added to A.1 WHO IS AN policy, INSURED of SECTION II - LIABILITY (c) That has exhausted its Limit of In- COVERAGE: surance under any other policy, or Any person or organization for whom you are (d) 180 days or more after its acquisition required to name as an additional insured in a or formation by you, unless you written contract or agreement that is executed or have given us notice of the acquisi- signed by you prior to a "bodily injury"or "prop- tion or formation. erty damage" occurrence is an 'Insured" for li- Coverage does not apply to "bodily injury" ability coverage, but only to the extent that per- or "property damage" that results from an son or organization qualifies as an 'Insured" "accident" that occurred before you formed under the WHO IS AN INSURED provision con- or acquired the organization. tained in SECTION 11 of the coverage form. If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any 64 87221012 Includes Copyrighted materials by ©ISO Properties, Inc. Page 1 of 3 INSURED COPY EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 other valid and collectible insurance available to We will also cover loss of use of the hired"auto" the additional insured shall be non-contributory if it results from an "accident",you are legally li- with this insurance. If the written contract does able and the lessor incurs an actual financial not require this coverage to be primary and the loss, subject to a maximum of $1,000 per "acci- additional insured's coverage to be non- dent". contributory, then this insurance will be excess This extension of coverage does not apply to over any other valid and collectible insurance any "auto" you hire or borrow from any of your available to the additional insured. "employees", partners (if you are a partnership), members (if you are a limited liability company), 3. AUTOS RENTED BY EMPLOYEES or members of their households. Any "auto" hired or rented by your "employee" 6. PHYSICAL DAMAGE — ADDITIONAL on your behalf and at your direction will be con- TEMPORARY TRANSPORTATION EXPENSE sidered an "auto"you hire. COVERAGE The OTHER INSURANCE Condition is amended Paragraph A.4.a. of SECTION III — PHYSICAL by adding the following: DAMAGE COVERAGE is amended to provide a If an "employee's" personal insurance also ap- limit of $75 per day and a maximum limit of plies on an excess basis to a covered "auto" $2,250. hired or rented by your "employee" on your be- half and at your direction, this insurance will be 7. EXTRA EXPENSE—BROADENED COVERAGE primary to the "employee's"personal insurance. Under paragraph A. of SECTION III — 4. AMENDED FELLOW EMPLOYEE EXCLUSION PHYSICAL DAMAGE COVERAGE, the following Coverage is added: EXCLUSION 5. - FELLOW EMPLOYEE of We will pay for the expense of returning a stolen SECTION II - LIABILITY COVERAGE does not covered "auto" to you subject to Paragraph C. apply if you have workers' compensation insur- Limit of Insurance ance in force covering all of your "employees". Coverage is excess over any other collectible in- 8. LEASE GAP COVERAGE surance. Under SECTION III - PHYSICAL DAMAGE COVERAGE, if a long-term leased "auto" is a 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE covered "auto" and the lessor is named as an If hired "autos" are covered "autos" for Liability Additional Insured - Lessor, we will pay in the Coverage and if Comprehensive, Specified event of a total "loss" your additional legal obli- Causes of Loss, or Collision coverages are pro- gation to the lessor for any difference between vided under this Coverage Form for any "auto" the actual cash value of the "auto" at the time of you own, then the Physical Damage Coverages the "loss" and the "outstanding balance" of the provided are extended to "autos" you hire or lease. borrow, subject to the following limit. The most "Outstanding balance" means the amount you we will pay for "loss" to any hired "auto"is: (1) $50,000; owe on the lease at the time of "loss" less any (2) The actual cash value of the damaged amounts representing taxes; overdue payments; or stolen property at the time of the penalties, interest or charges resulting from "loss";or overdue payments; additional mileage charges; (3) The cost of repairing or replacing the excess wear and tear charges; lease termination damaged or stolen property, fees. whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible 9. AIRBAG COVERAGE applicable to any owned "auto" for that cover- Under Paragraph B. EXCLUSIONS of SECTION age. No deductible applies to "loss" caused by III - PHYSICAL DAMAGE COVERAGE, the fol- fire or lightning. Hired Auto Physical Damage lowing is added: coverage is excess over any other collectible in- The exclusion relating to mechanical breakdown surance. Subject to the above limit, deductible does not apply to the accidental discharge of an and excess provisions, we will provide coverage air bag. equal to the broadest coverage applicable to any covered "auto"you own. 64 87221012 Includes Copyrighted materials by © ISO Properties, Inc. Page 2 of 3 INSURED COPY EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 10. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in LOSS CONDITIONS 2.a — DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS of SECTION IV —BUSINESS AUTO CONDITIONS that you must notify us of an "accident"applies only when the "accident" is known to: (1) You, if you are an individual (2) A partner, if you are a partnership; or (3) A member, if you are a limited liability company; or (4) An executive officer or insurance man- ager, if you are a corporation. 11. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 12. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization to or for whom we make payment and with whom you have a written contract that requires such waiver because of payments we make for damages un- der this Coverage Form. 13. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V— DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by any person,including men- tal anguish or death resulting from any of these. 14. GLASS REPAIR—WAIVER OF DEDUCTIBLE Under paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE, the follow- ing is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 64 87221012 Includes Copyrighted materials by ©ISO Properties, Inc. Page 3 of 3 INSURED COPY EpdvTjho!Fo4 rpgf!,E;!B63G1C35.9141.51 EG9:37.4G1 4323BDl 35 BUSINESSOWNERS BP 07 02 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Section II- Liability is amended as follows: Under Paragraph DA.b Liability And Medical Ex- penses Limits Of Insurance, the aggregate limit for all "bodily injury" and "property damage" other than "bodily injury" or "property damage" included in the "products-completed operations hazard"applies sepa- rately to each of your projects away from premises owned by or rented to you. A separate aggregate will apply for projects at premises owned by or rented to you. BP 07 02 07 02 © ISO Properties, Inc., 2001 Page 1 of 1 ❑ INSURED COPY