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HomeMy WebLinkAbout2014-548-E AMS - Tile Restoration, Inc. for floor restoration in Whitted Building B Dental Clinic Restrooms $3,535DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF [Departmental Use Only] TITLE WHSC Floor Restoration FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 31st day of October, 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: removal of contamination from tile and grout surface, prep to grout lines for restoration, and application of resin and sealer to Dental Clinic Restroom floors, Building B, per attached proposal. The term of this agreement rendered shall be from November 7, 2014 to November 28, 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 three thousand five hundred thirty five dollars, ($3,535). 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 Revised 10/14 DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF 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 incorporated herein by reference and may be viewed at littp :Horan eg cotia . nc .gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (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. Indemni : 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : In determining the basic services to be provided, should any documents be referenced in or attached to 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: Law: 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. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 10/14 2 DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY •• D— Signed by: By: (16LlMW1Ur PCy^ wager 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 10/14 3 PROVIDER D— Signed by: By: _d,.— 0..4AiitW Tile Restoration Inc 119 East Main Street Hookerton, NC 28538 DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF u rr !.l-> 1.4 f 7TE/J ` i c G. OENr1'tl (-- ( C s 2- o t. v-, Ylease.RemltAll Contracts, YU's and Payments Tot Tile Restoration Inc. 119 East Main St PO Box 160 Hoolrerton NC 28538 ✓ s f 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,lomado 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, All Tile Restoration services require a minimum of 72 of cure time before they can be exposed to moisture. If this timeline is not adhered to the customer takes full responsibility for any damage or performance Issues that may result. 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 it 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 speclfled and payment will be made as outlined above. &A TRL- p 0 YournodR2so ■I11111Ouon ONIOTIP �f urce 119 East Main Street Hookerton, NC 28538 Phone: 866 - 327 -4600 Freddy Brooks Phone: 919 -245 -2636 Date: 10/16/2014 Orange County Public Works Fax: 919- 644 -3043 Rep.: Brad Albritton 600 Highway 86 North Email: (brooks @orangecountync,gov Cell : 252 - 916 -2045 Hillsborough, NC 27278 Fax: 252 - 747 -8931 Process Description of Area - Whitted Dental Clinic Price 1 SaniGLAZEEnduraGLAZE PatientRestroom $500.00 1 SaniGLAZE EnduraGLAZE PatientRestroom $1,175.00 1 SaniGLAZE EnduraGLAZE Staff Restroom $500.00 1 SaniGLAZE EnduraGLAZE Waiting Room Men's Restroom $550.00 1 SaniGLAZE EnduraGLAZE Waiting Room Women's Restroom $810.00 Proposal Includes: Removal of Contamination from tile and grout surface Prep to groat lines for restoration Application of #25 Winter White Sat iGLAZE Resin Application of Sanih4AX Topical Sealer A Fee of 2.5% w01 be added forall Credit Card Transactions Terms: Net 20 Days TOTAL $3,535.00 Ylease.RemltAll Contracts, YU's and Payments Tot Tile Restoration Inc. 119 East Main St PO Box 160 Hoolrerton NC 28538 ✓ s f 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,lomado 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, All Tile Restoration services require a minimum of 72 of cure time before they can be exposed to moisture. If this timeline is not adhered to the customer takes full responsibility for any damage or performance Issues that may result. 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 it 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 speclfled and payment will be made as outlined above. DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF ACOOR " CERTIFICATE OF LIABILITY INSURANCE 8/14/2014 D/YYYY) 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 Jake A Parrott Insurance Agency Inc 2508 N HERRITAGE STREET PO BOX 3547 KINSTON NC 28502 CONTACT Leanne Turner NAME: PHONE (252) 523 -1041 A/C No: (252) 523 -0195 Ext, ADDRESS: lturner @parrottins. COm INSURERS AFFORDING COVERAGE NAIC # INSURERAMAIN STREET AMERICA ASSURANCE 29939 INSURED TILE RESTORATION INC C/O ALBRITTON CO PO BOX 160 HOOKERTON NC 28538 -0160 INSURERB:NGM INSURANCE COMPANY 14788 INSURER C: INSURER D: INSURER E : $ 1,000,000 INSURERF: X COMMERCIAL GENERAL LIABILITY 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 REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL S SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD /YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 500 000 $ r A CLAIMS -MADE OCCUR MPK8262X 11/7/2013 11/7/2014 MED EXP (Any one person) $ 10,000 PERSONAL 8 ACV 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 Ee eBccliAeDtSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED 1 HIRED AUTOS AUTOS 2K8262X 11/7/2013 11/7/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident $ Medical payments $ 2,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 B EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 0 $ UK8262X 11/7/2013 11/7/2014 B WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N NIA CK8262X 11/4/2013 11/4/2019 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 11000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIP71ON OF OPERATIONS I 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 ULK I II-IL;A I t MULULK L ANt,CLLH I IUIV 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) NS025 rqm nnei m ©1988 -2010 ACORD CORPORATION. All rights reserved. The ar.np l name ­1 Inn^ am ronicfcrnrl mnrlec ^f Ar npn DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF 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. DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF BUSINESSOWNERS BPM 3105 1207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. Additional Insureds Each of the following is added to Paragraph C. Who Is An Insured of BPM P 2 —Section II — Liability but only as specifically described by the following: 1. Any person(s) or organization(s) for whom you are performing operations is also an additional insured, when you and such person or organiza- tion have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional in- sured only with respect to liability for "bodily in- jury", "property damage ", "personal and advertis- ing 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 at the location designated and described in the written contract or agreement. This insurance does not apply to "bodily injury ", 'Property damage" or "personal and advertising injury" arising out of the rendering of, or the fail- ure to render, any professional architectural, en- gineering or surveying services, including: a. The preparing , approving, or failure to pre- pare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change or- ders or drawings and specifications; or b. Supervisory, inspection, architectural or engi- neering activities. 2. Any manager or lessor of premises to whom you are obligated by virtue of a written "Insured Con- tract" to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: a. Any "occurrence" that takes place after you cease to be a tenant in the premises; or b. Structural alterations, new construction or demolition operations performed by or for such additional insured. 3. Any state or political subdivision, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. This insurance does not apply to: (1) "Bodily injury ", "property damage ", "personal and advertising injury" arising out of opera- tions performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products- completed operations hazard ". 4. Any person(s) or organization(s) who is the lessor of leased equipment leased to you, and required by the lease to be included as an additional in- sured but only with respect to liability for "bodily injury ", "property damage" or "personal and ad- vertising injury" caused in whole or part, by your maintenance, operation or use by you of equip- ment leased to you by such person(s) or organi- zation(s). 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 INSURED COPY Page 1 of 2 ❑ DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF 5. Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily in- jury", "property damage" or "personal and adver- tising 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 performed by you or on your behalf. The insurance does not apply to "bodily injury ", "property damage ", or "personal and advertising injury ", arising out of the rendering of or the fail- ure to render any professional services by or for you, including: 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 13.1.J, Exclusions, Professional Services of BPM P 2 — Section II — 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. C. The following is added to Paragraph H. Other Insurance of BPM P 3 — Section III - Common Pol- icy Conditions: Primary Additional Insured — If a written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in paragraph C. Who Is An Insured of BPM P 2 — Section II — Liability, this Other Insurance provision is applicable. This insurance is primary. This insurance is also non- contributory which means we will not seek contri- bution from other insurance available to the per- son or organization with whom you agree to in- clude in Who Is An Insured. Page 2 of 2 Includes copyrighted material of ISO, Inc. with permission BPM 3105 1207 ❑ INSURED COPY DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF POLICY NUMBER:MPK8262X BUSINESSOWNERS BP 04 97 0106 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 01 06 C ISO Properties, Inc., 2004 Page 1 of 1 ❑ INSURED COPY DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF 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 All *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 INSURED COPY Page 1 of 1 DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF 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 A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declara- tions is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidi- ary: (a) That is an 'Insured" under any other automobile policy or (b) That would be an "insured" under such a policy but for (i) its termina- tion or (ii) the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organiza- tion: (a) That is a partnership, joint venture or limited liability company, (b) That is an 'Insured" under any other policy, (c) That has exhausted its Limit of In- surance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisi- tion or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED —of SECTION II - LIABILITY COVERAGE is amended to add: Any "employee" of yours while using a cov- ered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1 - WHO IS AN INSURED of Section II - LIABILITY COVERAGE is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to pro- vide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be consid- ered a covered "auto" you own and not a covered "auto" you hire. 2. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1 WHO IS AN INSURED of SECTION II - LIABILITY COVERAGE: Any person or organization for whom you are required to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or "prop- erty damage" occurrence is an 'Insured" for li- ability coverage, but only to the extent that per- son or organization qualifies as an 'Insured" under the WHO IS AN INSURED provision con- tained in SECTION II 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 8722 1012 Includes Copyrighted materials by © ISO Properties, Inc. Pagel of 3 INSURED COPY DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF other valid and collectible insurance available to the additional insured shall be non - contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non- contributory, then this insurance will be excess over any other valid and collectible insurance available to the additional insured. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be con- sidered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: If an "employee's" personal insurance also ap- plies on an excess basis to a covered "auto" hired or rented by your "employee" on your be- half and at your direction, this insurance will be primary to the "employee's" personal insurance. 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE of SECTION 11 - LIABILITY COVERAGE does not apply if you have workers' compensation insur- ance in force covering all of your "employees ". Coverage is excess over any other collectible in- surance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are pro- vided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $50,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that cover- age. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible in- surance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident ", you are legally li- able and the lessor incurs an actual financial loss, subject to a maximum of $1,000 per "acci- dent". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $75 per day and a maximum limit of $2,250. 7. EXTRA EXPENSE —BROADENED COVERAGE Under paragraph A. of SECTION III — PHYSICAL DAMAGE COVERAGE, the following Coverage is added: We will pay for the expense of returning a stolen covered "auto" to you subject to Paragraph C. Limit of Insurance 8. LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, if a long -term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, we will pay in the event of a total "loss" your additional legal obli- gation to the lessor for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees. 9. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS of SECTION 111 - PHYSICAL DAMAGE COVERAGE, the fol- lowing is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an air bag. 64 8722 1012 Includes Copyrighted materials by © ISO Properties, Inc. Page 2 of 3 INSURED COPY DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF 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 DocuSign Envelope ID: 098EB4F2 -C3F4- 4867- B5FC- 1 14E7E9097CF 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 D.4.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